Kagwe moves top managers after complaints
Health Cabinet Secretary Mutahi Kagwe updating the country on Covid-19 at Afya House, Nairobi on June 16, 2020. PHOTO | JEFF ANGOTE | NATION MEDIA GROUP
What you need to know:
- The legal division warned of far-reaching consequences if proper disciplinary process was not followed.
Dr Wanjala was accused of appearing in “no less than 10 cases” filed between 2016 and 2019 affecting the operations of the pharmaceutical industry, either as an applicant or advocate for the petitioners.
Top managers in various departments in the Ministry of Health have been redeployed following numerous complaints of corruption and conflict of interest.
The Nation has established that Health Cabinet Secretary Mutahi Kagwe on Friday ordered the reshuffle of the National Quality Control Laboratory (NQCL) Director, Dr Hezekiah Chepkwony, and Dr Pius Wanjala senior deputy director.
This is barely 10 days after a complaint from the legal division warned of far-reaching consequences if proper disciplinary process was not followed.
In an internal memo to Mr Kagwe, the ministry’s legal division accused the two of failing to develop and implement a disciplinary policy/code of conduct, and conflict of interest respectively. They have also been accused of having resisted transfers from NQCL.
DEPLOYMENT LETTERS
In a letter seen by the Nation written by Mr Kagwe to the two, Dr Wanjala and Dr Chepkwony have been deployed to Moi Teaching and Referral Hospital and Kenya Medical Training College respectively with immediate effect.
“It has been decided that you be and are hereby deployed to Moi Teaching and Referral Hospital/Kenya Medical Training College with immediate effect,” says the letter.
It continues: “In this regard, you are directed to report to the chief executive officer, Moi Teaching and Referral Hospital/ Kenya Medical Training College for deployment on or before June 17...” This is the second time the CS is writing a deployment letter to the two.
Mr Kagwe said the ministry has redeployed over 35 people and whoever is not comfortable with where he/she is taken can resign. “We have sent them to areas we feel they are more efficient and whoever is not comfortable with that should resign. They don’t decide where they want to go,” Mr Kagwe said.
LAW FIRM
In the internal memo, the ministry’s legal division says despite being a full time public employee of the ministry, Dr Wanjala has been engaging in full-time private practice in the law firm of Masika and Koross Advocates based at Hazina Towers Nairobi.
“Dr Wanjala’s case, where he practises as an associate advocate with Masika & Koross Advocates and other surrogate firms while still being a public officer is a flagrant violation of the Public Officer Ethics Act, the Employment Act (No. 11 of 2007), the Constitution of Kenya and other applicable laws,” the memo stated. Dr Wanjala was also accused of appearing in “no less than 10 cases” filed between 2016 and 2019 affecting the operations of the pharmaceutical industry, either as an applicant or advocate for the petitioners.
“By engaging in private practice during working hours, the public officer in question is guilty of conflict of interest and abuse of office in the performance of his duties as a public officer. The same has a ripple effect of diminishing public confidence in the said office,” states the memo.
The memo also accused Dr Chepkwony and the board of failing to develop and enforce disciplinary policy at the institution to reign in on staff.
QUASHED APPOINTMENT
Separately, Dr Wanjala blamed his woes on the position he has taken regarding the appointment of the chief executive officer at the Pharmacy and Poisons Board (PPB). He was an interested party in the case that quashed the appointment of PPB CEO.
“The allegations of conflict being levelled against me were litigated in court and the court ruled against those who brought the case. If they want to bring the issues back, the simple thing would be to go back to the court and appeal,” said Dr Wanjala.
The same issues, he added, were taken to the Ethics and Anti-Corruption Commission (EACC) and are under investigations by the commission. “The best thing would have been to wait for the outcome of that investigation,” he said.
NCQL and the ministry have had a strained relationship since 2019 when former Health CS Sicily Kariuki ordered the removal of Dr Chepkwony and his two deputies, Dr Wanjala and Dr George Wanganga, and sacked the board.
The matter ended up in court and on November 15, 2019 the court reinstated the board of directors. Dr Chepkwony and his two deputies were reinstated two months later.
