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Senior officials cite ethnic bias in Afya House transfers

Usaid

Health cabinet secretary Dr. Cleopa Mailu. FILE PHOTO | NMG

Senior Health ministry officials who were recently deployed out of their plum Afya House offices have moved to challenge the decision in court, citing malice and discrimination.

The 26 officials, who are senior medical doctors, want the court to quash Health Principal Secretary (PS) Julius Korir’s decision, terming it unprocedural and laced with ethnic undertones designed for “execution of corruption, demotions, punishments and vendetta”.

Mr Korir in an internal memo dated September 26 ordered the deployment of 35 top officers to different work stations in the ministry with immediate effect in a shake-up seen to have been triggered by the quest to appease donors in the wake of last October’s Sh5 billion scandal.

But the 26 officials through their lawyer, Apamo Boniface, have accused the PS of usurping the powers of the Ministerial Human Resource Management Advisory Committee (MHRMAC) and that of Health secretary Cleopa Mailu.

READ: Afya House deploys top officers after Sh5bn scam

They want the court to reinstate the affected senior ministry staff to their current positions in the respective departments, arguing the deployment was in bad faith.

“The said impugned deployment decision was never placed before the MHRMAC for consideration and recommendation to the authorised officer nor approved by the authorised officer, the Cabinet Secretary, as required by the regulations,” says Mr Apamo in court papers.

“The impugned posting order contain a host of serious violations of fundamental rights of the general public and the affected doctors…”

The doctors have cited the posting of Kipkoech Cherutich, a deputy director of Medical Services (DDMS), and Kigen Barmasai, who share the same ethnicity with Mr Korir, to the “most influential and heavily funded dockets” in the ministry.

Dr Cherutich has been moved from the ministry’s Planning Division to head of department (HoD) Preventive and Promotive Health.

Dr Barmasai, a Medical Specialist, is the HoD National Aids and STI Control Programme (NASCOP), coming from Mbagathi Hospital where he provided technical support.

“Already the directors and chief executives of Kenyatta National Hospital, Moi Teaching and Referral Hospital, Kenya Medical Training College, Pharmacy and Poisons Board (PPB), National Quality Control Laboratory, among others, share the same ethnicity as the PS,” say the petitioners, adding that the latest changes could only have the effect of deepening one ethnic group’s colonisation of the department.

The petitioners also accuse Mr Korir of disobeying orders issued in a judicial review dated August 22, and allowing Fred Siyoi to hold office as the chief registrar of PPB contrary to court orders.

“The said disobedience of the court can only be seen to be on the basis of ethnicity,” say the petitioners say.

'Subjected to indignity'

Mr Apamo further argues that the deployment will subject the senior doctors to the indignity of being supervised by their juniors.

The affected doctors, he says, would be demoralised thus affecting their ability to freely provide the highest possible standard healthcare to patients Mr Korir insisted no one had been demoted.

But the court papers cite the case of Pacifica Onyacha, the outgoing HoD Quality Assurance and Standards and a senior deputy director of Medical Services (SDDMS) at Job Group S, who has now been moved to a position where he will be assigned duties and supervised by her junior, Joseph Jumba. Dr Jumba is a DDMS and a holder of Job Group R.

Mr Apamo says the deployment is a serious violation of Dr Onyancha’s fundamental rights.

Dr Jumba is the new Medical Superintendent, Mathari Mental Hospital where Dr Onyancha has been deployed as a Consultant.

“Dr Jumba will report to Dr Izaq Odongo DDMS in Job Group R, the HoD Curative Department at the ministry of Health. Dr Onyancha will be stepwise below two officers junior to her,” say the court papers filed by Mr Apamo.

“A very junior officer Dr Maureen Kimenye, assistant director of Medical Services (ADMS) in Job Group P, shall supervise and assign duties to her seniors two grades higher in Job Group R — DDMS and Job Group Q.”

The aggrieved doctors are also contesting the slashing of salaries for some of them by Sh80,000 monthly on the basis of the deployment to new work stations in line with the Salaries and Remuneration Commission Circular (2015) on payment of emergency call allowance.

“There is real danger and likelihood of witnessing another industrial unrest by doctors. The collective bargaining agreement (CBA) between the doctors’ union and the ministry of Health signed last month was as a measure to avoid such events from recurring,” says Mr Apamo.

“The CBA re-emphasises that all transfers or postings of doctors shall be recommended by relevant posting committee and approved by the authorised officer (Cabinet Secretary).”

The hearing of the case is set for Thursday.

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