Governors enjoined in medics suit against TA

By Isaiah Lucheli

The Council of Governors has been enjoined in a suit seeking to block the Transitional Authority (TA) from transferring medical services functions to the county governments.

The High Court has also placed the suit filed by medical practitioners associations before the Chief Justice Willy Mutunga to constitute a three-judge bench to handle the case.

Kenya Medical Practitioners, Pharmacists and Dentist Union (KMPDU), Kenya National Union of Nurses (KNUN) and Kenya Health Professionals Society (KHPS) moved to court seeking to quash a legal notice issued by the TA in relation with the transfer of the County Health Service.

High Court judge Weldon Korir allowed the governors to be enjoined in the suit and also gave the medical practitioners leave to proceed with the case.

Flouted constitution

The doctors and the medial health professionals submitted in court that the transfer of the services flouted the Constitution and prayed to the court to nullify Legal Notice number 137.

“The transfer of the County Health Services which is still ongoing was effected without following the applicable law and in particular the Constitution, The Transition to Devolved Government and County Government’s Acts,” they submitted through lawyer Samuel Makori.

Makori submitted that unless the application is heard urgently the applicants who represent all the doctors and medical health professionals as well as the public were bound to suffer irreparably.

When they appeared before Justice Korir the matter was certified urgent and he directed the parties to serve the TA, which is the respondent in the suit.