Circus at national lab continues after AG’s bid to appeal

The decision to transfer two top officials of the National Quality Control Laboratory (NQCL) is turning into a circus after the Attorney-General notified the Court of Appeal of his intention to appeal orders that reinstated them to their positions.

The Employment and Labour Relations Court had last week granted NQCL director Hezekiah Chepkwony and senior deputy director Pius Wanjala temporary court orders stopping the Ministry of Health from deploying them to the Kenya Medical Training College (KMTC) and Moi Teaching and Referral Hospital (MTRH) respectively.

But in a quick rejoinder, the Attorney-General through litigation counsel Wycliffe Odukenya notified the court of the intention to appeal the orders.

INTENDED APPEAL

“Take notice that the Cabinet Secretary Ministry of Health, the Principal Secretary Ministry of Health and the Attorney-General, being dissatisfied with the orders of Justice Onesmus N. Makau made on June 19, intend to appeal against the whole of the said orders,” the AG says in the notice.

The move by the AG complicates the situation for Dr Chepkwony and Dr Wanjala whose challenge against their transfer will now stop and await the outcome of the intended appeal.

The two had moved to court to stop the Ministry of Health from deploying them to KMTC and MTRH on among other grounds, skills mismatch and that they were not given adequate time to hand over and report to their new work stations.

It was the second time in about five months that they are suing to stop being moved from NQCL.

On January 31, 2020, the employment court stopped former Health CS Sicily Kariuki from transferring the two from NQCL.

In their current petition against their transfers, Dr Chepkwony and Dr Wanjala want the current CS Mutahi Kagwe committed to civil jail for contempt.

“Dr Hezekiah Chepkwony and Dr Pius Wanjala being the director/CEO and senior deputy director respectively of the National Quality Control Laboratory and must of necessity make comprehensive handover report of the institution to the board of management, which will certainly take sufficient time before being able to take up new assignments particularly having been seconded to full-fledged State Corporations,” they said in their petition.

NEW WORKPLACES

According to the petitioners, the ministry delivered their transfer letters, both dated June 12, on June 16 at 2pm and they were required to report to their new workplaces on June 17.

They also claimed that their transfers were neither approved by the ministerial human resource management advisory committee nor by the board of NQCL.

On the issue of skills mismatch, they argued that Dr Chepkwony holds a PhD in pharmaceutical analysis while Dr Wanjala is a pharmaceutical regulator and that “there is no nexus of their respective skills and experience to their seconded parastatals.”

They also alleged malice by senior employees of the Ministry of Health which they claim has been the motivation to target them.

The NQCL bosses have been making news lately over reports that Mr Kagwe may have been referring to them when he talked about the need to clean up the ministry over the unwillingness of some officers who he said have stayed at the headquarters for more than 12 years to go on transfer.

“I have never seen this anywhere else. I do not think there is any other ministry that has encountered situations whereby individuals refuse to move until you physically send someone to assist them out. It's a compelling situation,” the CS had said.

A ministry internal memo leaked after Mr Kagwe’s statement accused Dr Chepkwony and Dr Wanjala of conflict of interest and resisting transfers from NQCL, claims Dr Wanjala has denied. The board of NQCL on the other hand appears to have cast its lot with the two officials, supporting them against the allegations contained in the internal memo.

The AG’s move, if it succeeds, may however see the duo leave immediately an order the two are not willing to abide with.