Justice Nduma Nderi of Labour Court has dismissed a petition challenging the renewal of Dr. Ruth Masha contract.
Lawyer Henry Kurauka who represented Dr. Ruth Masha told the court that it is the Board that was mandated to renew a contract of the CEO.
The Cabinet Secretary for Health did not have mandate to shorten the term to one year because the law and Mwongozo allow renewal for the term of 3 years.
In a petition filed last year by Stephen Ojwang represented by lawyer lempaa,they requested information on the status of the employment of the Ruth Laibon Masha by a letter dated September 16,2024 copied to the Health Ministry and state Corporation Advisory Committee.
“We are seeking a declaration that failure by Ruth,the Chairperson,National Syndemic Diseases Control(NSDCC) Boad of National Syndemic Diseases and a Control Council (NSDCC) to provide information under article 35 as we requested is a violation of law,”petitioner added.
They also wanted the court to issue an order Laibon to step aside untill her contract position is determined by the court.
They wanted all her work during that contested period be termed null and void.They wanted to be provided with 9 documents including copy of 1st and 2appointments from mimistry and board.
They also demanded her letter to the Chairman of the said board.
On her side through her lawyer Kurauka,she stated that she is the CEO of NSDCC appointed on June 4,2020 for a term of 3 years and that a fair,competitive and open recruitment process was followed and she emerged the top candidate.
“I rendered excellent services since then,under code of governance for State Cooporations,she was entitled to have her contract renewed after performance review,”added Kurauka.
Kurauka said the rebewal was lawful contrary to what petitioner was alleging .He quoted many section of law and successifully defended his client.
Judge Mathews Nduma on July 10,2025 ruled that the petitioner has not proved any violation or threat to the rights and freedom of public interest in that renewal by Council being that it is an appointing authority.
