Court orders warring parties at Makindu hospital to agree

Makueni High Court on Monday ordered Makindu Medical Centre whose directors are embroiled in an ownership row to resume operations. Justice Teresia Matheka asked the warring the parties to seek Alternative Dispute Resolution over the matter as the health facility render services uninterrupted.

In a case pitting employees of Makindu Medical Centre against Purity Mungania and Festus Muli among other interested parties, the court ordered the parties involved to prepare a settlement agreement.

In a petition filed by Felix Ngalukya and 45 others employees, the petitioners want the court to investigate violations of the code of conduct of the Nursing Council of Kenya allegedly by Mungania. They also want her and other respondents removed as mandatory signatories of Makindu Medical Centre.

The employees further want the respondents restrained from human resource functions, claiming they had been harassed, threatened and intimidated.  

The court heard that Mungania had refused to sign bank documents to effect payment of employee salaries.

“The operations of Makindu Medical Centre have grounded. The first plaintiff to this matter is a signatory to all the bank account. She has refused to sign documents,” lawyer Gichuhi Kivindyo told the court.

“This court need to give an alternative mandatory signatory for the sake of these people because the current signatory has been acting in dishonest in this matter,” he added.

The defence lawyers objected the removal of Mungania as a signatory with the court ordering the respondents’ lawyers to ensure the signatories execute their bank roles.

“The hospital need to be a concern. The parties are in agreement that the first respondent do all the duties of a bank signatory to ensure that the hospital is running,” lady Justice Matheka ordered. 

The court promised to provide a mediator into the matter to ensure all aggrieved parties sit down and agree for the sake of smooth operations at the facility.

The parties will report back to the court after 30 days.

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