By The Weekly Vision Team
Kenyatta National Hospital, already facing numerous challenges, has been found to have breached labour laws once again after the hospital’s board unfairly terminated the employment of three doctors. Dr Joseph Odwor Mboke, Dr Bunu Rashid Bunu, and Dr Abdi Mohammed Abdullahi were employed by the Public Service Commission under the Ministry of Health until 2020, when their services were transferred to Mwai Kibaki Hospital, Othaya, under the management of the hospital’s new board.
The doctors objected to this transfer and appealed to the PSC, which allegedly led to their victimization. Judge Onesmus Makau of the Employment and Labour Relations Court in Nyeri ruled that the terminations were unfair and unlawful. The judge declared that each claimant was entitled to compensation of Kshs. 636,578.00, minus statutory deductions.
On September 14, 2022, the doctors were suspended for failing to report to work on various dates between September 6 and 14, 2022, and for allegedly defying a duty rota approved by management. They were subsequently dismissed for these alleged offences in letters dated March 24, 2023. Dr Mboke, employed by the Ministry of Health since May 2019, was transferred to Mwai Kibaki Hospital and served as the Deputy Medical Officer Coordinator. Dr. Abdi was the Medical Officer Coordinator.
They prepared the duty rota for September 2022, which was distributed on September 1, 2022. However, on September 6, 2022, their colleagues received new deployment letters with updated rosters. Dr. Mboke denied collusion to defy posting orders and claimed he was on duty on September 6 and 12, 2022, from 8 a.m. to 5 p.m. He also contested that he did not receive a show cause letter as he was present at work.
Dr. Bunu acknowledged receiving a show cause letter and an interdiction letter on September 14, 2022. He admitted missing work on September 6 due to a late deployment letter but arranged for a colleague to cover for him. He responded to the show cause letter and attended hearings on September 27, 2022, and March 1, 2023.
Dr. Abdi, the coordinator of medical officers responsible for monthly duty rotas, was interdicted on September 14, 2022, for being absent on September 12 and 14. He denied the charges, stating that there was no clock-in register to verify his absence. His salary was halved, and allowances were withheld during the interdiction. He attended hearings on September 28, 2022, and March 1, 2023, before being dismissed on March 24, 2023.
The judge noted that Drs. Mboke and Abdi lawfully prepared the duty rota and were protected from victimization. Since the rota was never revoked, the disciplinary actions against them were deemed retaliatory. The judge also highlighted the lack of evidence, such as a clock-in register or witness testimonies, to substantiate the claims of absence, thus ruling the terminations unjust.
