Court Blocks KDF, NYS From Taking Over KEMSA

Tuesday, November 9, 2021 –Employment and Labour Court has blocked President Uhuru Kenyatta from handing over KEMSA to both the Kenya Defense Forces KDF and National Youth Service NYS.

Delivering the ruling against such presidential directives on Monday November 9, the Labour court issued a temporary injunction against Uhuru’s plan to hand over government agencies including the Kenya Medical Supplies Authority KEMSA to KDF and NYS as earlier announced.

In his ruling, Justice Kebira Ocharo overturned the directive pending final determination of the case filed against KEMSA’s move to retrench some staff members in its efforts to re-structure and re-organize themselves.

“A Conservatory Order is issued restricting the respondents from, declaring redundant or terminating the services of the 1st Respondent’s members of staff.

“And enlisting or employing active members of the Kenya Defence Forces and National Youth Services (NYS) to take up positions occupied by those members, pending the hearing and determination of the application inter parties,” Justice Kebira declared.

Affected staff filed the case at the court pleading for leniency by arguing that KEMSA management was contravening their rights by sacking them without valid reason.

The parastatal had already announced plans to lay-off more than a half of their staff so as to cut down on what they described as an increasing wage bill.

KEMSA has for some time now been bedeviled by increased cases of graft with the latest being the Covid-19 tender scandal that is yet to be concluded.