Home Court News A case challenging the appointment of KEMSA CEO and Chairman to heard on June 27.

A case challenging the appointment of KEMSA CEO and Chairman to heard on June 27.

by Robert Guyana

A case challenging the appointment of Kenya Medical Suppliers Authority (KEMSA) Chief Executive Officer (CEO) and Chairperson will be heard on June 27, 2022.

This is after a Nairobi labor and relations court yesterday issued a directive that the matter be heard then and the respondents be served with the petition.

The petition was filed by David Njue Kithuka who sought orders quashing the appointment of Mary Chao Mwandime as chairperson of the board of KEMSA was invalid.

Through his lawyer Henry Kurauka, Njue wants the court to issue an order compelling the Board of KEMSA to ensure seamless, competitive, transparent, fair and just recruitment of its CEO.

“My client is seeking an order to quash KEMSA’s appointment of MS Terry Kiunge Ramathani as the CEO of Kenya Medical Suppliers Authority (KEMSA),”ADDED Kurauka in court documents.

The petitioner wants the court to declare that the appointment of Kiunge is null and void.

They are also seeking a declaration that the KEMSA board has failed in their duty to uphold the rule of law, the constitution and to protect public interest in the recruitment of its CEO.

Lawyer Kurauka has said that the application is urgent and ought to be determined immediately for the interest of justice and to prevent, impunity, and abuse of the rule of law and to preserve the substratum of this petition.

“By a memo, dated May 10, 2022, The Chairperson of the Board of directors KEMSA, communicated to all staff that Terry Kiunge Ramathani has been appointed CEO of KEMSA. Added Kurauka.

He added that in the petition that it was presumed that the appointment was done by the Cabinet Secretary for health as provided for by the law and in a memo the board stated that Kiunge holds a degree in Education from Kenyatta University.

Kurauka added that KEMSA board of directors having relied on the health laws (Amendment) Act 2019 that had been annulled by both the high court committed an illegality in recruiting a CEO who did not meet the necessary qualifications as per KEMSA Act which required applicants to possess a first degree in Pharmacy or Medicine and not a degree in Education.

He added that the recruitment raises conflict of interest, government and integrity issues given her involvement    in the recruitment process where she was part of the board that formulated job requirements and description for the position of the CEO before her revocation to pave the way for recruitment.

“During the Period of advertisement on March 5, 2022 for the recruitment of the CEO, Kiunge was still a board member of KEMSA,”he added.

He added that Kiungi was interviewed by her former colleagues on board of the KEMSA which conferred undue advantage upon her.

“She influenced some job requirements as evidenced in the advertisement notice where a restrictive requirement of five years International experience dealing with cross cultural teams ‘was incorporated, “he added.

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