Clinical officer suspended 20 years ago sues Health ministry

A clinical officer suspended from duty 20 years ago has sued the principal secretary in the Ministry of Health for failing to provide him with the reasons for the disciplinary action. 

George Kahura Watuku was working at Masinga Health Centre when he was suspended in March 2001 after applying for a 51-day annual leave. 

He was suspended with no salary and ordered to report to the medical officer of health at Machakos Hospital every second Thursday of the month. 

Mr Watuku says in court papers that he obliged until 2017, when the visits started taking a toll on him. 

He said he could not afford bus fare and no longer had the energy to walk the 40km distance to Machakos. He has also obeyed the ministry’s directive that he remain in Kangundo, and he depends on well-wishers for support. 

He says he was unable to get clearance from the ministry to seek work in the private sector. 

“For the over 20 years he has been on suspension he has never received any kind of communication from the respondent (principal secretary, Ministry of Health) and he has been unable to get clearance so that he can … apply for a job in the private sector. Every visit to the ministry he is told that he should wait,” his lawyer Steven Nzaku said in documents filed at the Labour court yesterday. 

In December 2018, ministry officials at Afya House in Nairobi told Mr Watuku that his file and records had mysteriously disappeared and so they could not help him. 

He had worked for six years as a clinical officer at Kangundo Sub-District Hospital (now Kangundo Level Four Hospital). 

His troubles started when he was transferred to Masinga Health Centre and immediately after reporting applied for his annual leave. He sought 51 days of leave in a letter to his boss, Dr J. Kamau. 

But Dr Kamau informed him that the leave could not be approved and served him with a letter titled “internal posting order” requiring him to show cause why disciplinary action should not be taken against him for failing to honour the posting. 

Court papers show that upon investigations he was found innocent and cleared of allegations of insubordination. He returned to work as ordered. 

However, he was served with another letter requiring him to report to the senior principal personnel officer and the chief clinical officer at the Ministry of Health headquarters at Afya House. 

He obliged but later concluded that the letter was another attempt to frustrate him.
On March 16, 2001 he was served with another show-cause notice in letter dated February 21, 2001 and titled “discipline” and was suspended. 

“The letter was intentionally delivered late. It required him to tender his ‘representation’ within 21 days from the date of the issue of the letter, which period had already expired by the time of receipt,” his court papers say. 

Mr Watuku wants the court to quash the suspension and compel the PS in the Ministry of Health to reinstate him as a clinical officer with a full salary and benefits per Job Group P under the civil service salary and allowances for 2020. 

He also says his constitutional rights were violated and wants the court to order adequate compensation. The case, filed under a certificate of urgency, is awaiting directions. 

“The Principal Secretary Ministry of Health is perpetrating illegal actions and unless restrained by this court from so doing they are determined to continue with the breach of the constitutional rights of Mr Watuku,” his lawyer says in court papers. 

He believes his client is entitled to information pertaining to his employment status and the outcome of any investigations conducted by the ministry.