Home business Court invalidate CS Nakhumicha changes of senior staff at MoH

Court invalidate CS Nakhumicha changes of senior staff at MoH

The High Court has cited Health Cabinet Secretary Susan Nakhumicha for violating the constitution ab usurping Public Service Commission (PSC) powers by appointing senior management officers at her ministry which is a preserve of the commission.

In his ruling, Justice Byram Ongaya said all the appointments or deployments made by the CS in April this year except for the Acting Director General of Medical Services Dr Patrick Amoth, were unconstitutional

“To answer the 3rd issue, all the appointments or deployments except for the Acting Director General of Medical Services were unconstitutional and ultra vires relevant statutory and regulatory or policy provisions.” The judge ruled.

The judge at the same time directed the PSC to make arrangements to fill the position held by Amoth and other vacant posts, substantively.

Amoth, with over 27 years of experience, has been acting as the Director-General of Health for four years now. In 2021, he was appointed as the World Health Organisation (WHO) Executive Board chairperson.

In an internal memo on March 19, 2023, titled Reorganization of the Ministry, the CS appointed 55 officers in the newly created offices at the level of Director General of Health, Deputy Director General of Health, Directors and Divisional Heads.

Nakuru-based doctor Magare Gikenyi argued that the appointments were illegal as they were against PSC Act.

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