Kenya Medical Practitioners, Pharmacists and Dentist’s Union (KMPDU) yesterday moved to court seeking orders to block the military take-over of the Kenya Medical Supplies Authority (Kemsa) and the sacking  of more than 900 employees.

The moves comes after the Kemsa employees including 10,000 doctors were handed letters on Thursday last week by the board of management and asked to await further instructions regarding their jobs.

Through their lawyer Henry Kurauka, KMPDU accuses Kemsa of terminating the doctor’s employment contract without following due process.

He also argues that the said military takeover is illegal and wants the court to stop the process pending the determination of the  case.

Contray to the Constitiution

 “We are seeking temporary orders restraining Kemsa and the Ministry of Health from declaring redundancy or terminating their services and replacing them with members of Kenya Defence Force (KDF) or National Youth Service (NYS) in absence of situations of disaster pending the determination of this application,” KMPDU states in court papers.

The doctors association says that the Health Ministry has enlisted the services of NYS and KDF to manage the operations of Kemsa contrary to the Constitution.

“The respondent’s purported actions are irrational, unreasonable, capricious and amenable to judicial intervention, “added Kurauka.

According to him, KMPDU, Cabinet Secretary Ministry of Labour were not consulted adding that they did not approve the said intended redundancy and mass sacking of the staff.

He added that Kemsa, would be unable to carry out its operations if members of staff are sent home.