By JUDY OGUTU and CYRUS OMBATI
This follows the suspension of the caretaker board by Justice Weldon Korir who ruled yesterday that President Kibaki broke the law when he ratified the interim board despite consulting Prime Minister Raila Odinga.
Justice Korir upheld a request by the Kenya Medical Association (KMA) seeking temporary orders suspending the caretaker board, pending the hearing of their suit.
KMA had accused President Kibaki of failing to follow the requirements of Section 4 of the NHIF Act that requires him to appoint the association’s chairman to the board.
It said this was discriminative as it also denied KMA members the opportunity to participate in determining the future of national health care.
Also supposed to be represented in the board, according to the KMA in its suit papers are the Treasury Permanent Secretary, and a nominee from the Kenya National Farmers Union, which was not done.
“The court cannot allow an illegality if such an illegality has been brought to its attention. In the case before me, the applicant argues that the President ought to have composed the new board in accordance with Section 4(1) of the NHIF Act,” the judge said.
But a defiant acting Chief Executive Officer Adan A Adan said the caretaker board would appeal the ruling and remain in office until the investigation into the alleged mega-scandal involving the medical scheme for civil servants is concluded.
“We have a seven-day window to appeal, and we have instructed our lawyer to do that, but as in the meantime work will have to continue,” said Adan.
The judge’s ruling appeared to have pave the way for Medical Services Minister Prof Anyang Nyong’o to reinstate suspended CEO Richard Kerich who was cleared of any wrong doing by Parliament.
In making his ruling, Korir stated: “There is an apparent non-compliance with the provision of the law. In the circumstances, I agree with the applicants that the said decision should be suspended pending hearing and determination of the substantive notice of motion.”