Raila Lawyer Accuses Ruto of Illegal Firing of Health PS
Paul Mwangi, the longtime legal adviser of Azimio la Umoja leader Raila Odinga, challenged President William Ruto on Tuesday, May 16 over the dismissal of former Principal Secretary at the Ministry of Health Josephine Mburu and the suspension of the entire Kenya Medical Supplies Authority (KEMSA) board.
Attorney Mwangi argued that the Head of State acted improperly in dismissing and suspending the officials, as the Constitution does not grant him such authority.
The Legal Counsel for Raila observed that President Ruto had violated the Constitution and usurped the Public Service Commission’s (PSC) powers.
“The President can only dismiss government employees he has appointed,” Mwangi stated that Article 234 of the Constitution stipulates that only the Public Service Commission can discipline and dismiss public servants.
Mwangi also urged President Ruto to accept the new Constitution, which restricts the President’s authority and expands the role of citizens.
He questioned why the State Law Office was not advising the President to avoid needless lawsuits and political embarrassment.
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Paul Mwangi stated, “This Article was added because, under the old Constitution, public servants served at the pleasure of the President.”
He did not specify whether he would file suit on his behalf or behalf of the leader of the Azimio La Umoja party, Raila Odinga. Raila, through Mwangi, filed a lawsuit against Ruto for establishing a commission to investigate the Shakahola massacre.
In his affidavit, the attorney argued that Ruto had circumvented the tasked-with-the-task Parliament.
In rebuttal, United Democratic Alliance (UDA) Party Secretary General Cleophas Malala. Urged President Ruto to purge KEMSA of all alleged criminals.
Malala stated, “As the UDA Party, we support the President’s decision to terminate the position of PS- Public Health and Professional Standards.”
On Monday, May 15, President William Ruto dismissed Josephine Mburu. From her position as the Principal Secretary of the State Department for Public Health and Professional Standards. Due to alleged misconduct within the Kenya Medical Supplies Authority (KEMSA).
In addition, the President suspended the entire KEMSA board.
As the Directorate of Criminal Investigations (DCI) moved in to investigate the alleged theft of public funds, it appointed caretaker officials.
The Employment Act, 2007 (Act No. 11 of 2007) regulates public servant employment in Kenya. The Act specifies several grounds for dismissing a public employee, including:
Misconduct: A public employee can be fired for misconduct if they have committed a serious violation of their employment contract, such as theft, fraud, or assault.
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If public employee cannot perform their job duties due to a physical or mental condition. They can be fired for incapacity.
Unsatisfactory performance: A public servant may be terminated for unsatisfactory performance if they consistently fail to meet their job requirements.
A public servant may be laid off if their position is no longer necessary due to organizational or economic changes.
At the current retirement age of 60 years, a public servant is eligible for retirement.
Before a public employee can be fired, the Employment Act of 2007 stipulates several procedures to be followed.
These methods include:
The public servant must receive a written warning for misconduct or unsatisfactory performance. The chance to respond to the allegations against them. A hearing before a disciplinary committee, and a written decision from the disciplinary committee.
A dismissed public servant may appeal the decision to the Industrial Court. The Industrial Court has the authority to reverse the decision of the disciplinary committee and reinstate the public employee.
Notably, the Employment Act of 2007 is not the only law applicable to the termination of public employees. The Public Service Act and the Leadership and Integrity Act are two others.
Raila Lawyer Accuses Ruto of Illegal Firing of Health PS
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