Ministry of Health Cabinet Secretary Cleopa Mailu at a past press conference. [Photo|Nation]
Health CS Dr Cleopa Mailu is on the spot for renewing the employment contract for a public health director despite having attained his retirement age.
The CS is said to have renewed Dr Kepha Mogere Ombacho's contract despite his having attained the mandatory retirement age.
In a matter in which the High Court has certified as urgent, activist Okiya Omtatah has also sued the Public Health Officers and Technicians Council (PHOTC) for failure to submit its operational records to the Auditor General for auditing since the year 2013, when the council came into existence.
“This matter must be heard and disposed of before January 1st. Therefore the matter comes before this court on 13th December for a full hearing,” said Justice John Mativo.
“The parties have seven days to reply from the date of this application,” said Justice John Mativo.
CS Mailu is the first respondent in the matter in which the council and the retiree are 2nd and 3rd respondent respectively where Omtatah has accused Dr Mailu of failing to replace the director after he attained the age of 60 as expected.
“The ministry is responsible for the critical Public Health Officers and Technicians Council (PHOTC) of Kenya. The Ministry has been sued herein for failing in its mandate as regards the PHOTC, including for retaining Dr Kepha Mogere Ombacho in service beyond the mandatory retirement age of 60 years,” said Omtatah.
“The petitioner is also aggrieved that the accounts of the council have never been submitted to the Auditor General for auditing since the year 2013 when the Council came into existence. This is contrary to the requirement in law that all accounts should be submitted to the Auditor General at the close of each financial year.”
Dr Ombacho also doubles up as doubles up as the Registrar of the public health officers' council.
The Public Service Commission has also been sued for retaining Dr Ombacho contrary to legal retirement age requirements.
The Council (PHOTC) has also been accused of disregarding the law on public participation in the nomination of its members.
“Through a competitive and merit-based process involving public participation in their vetting, stakeholder institutions are supposed to nominate persons to represent them on the Council,” said Omtatah.
“The term of the last council expired in September 2016, but contrary to the law the Dr Ombacho has continued running the affairs of the Council singlehandedly with the Chairman who was still in office.”
The petitioner has also taken issue with the manner in which the chairman of the council was appointed.