Moi University Ordered to Pay Ksh53 Million to KMPDU Doctors.
The Kenya Medical Practitioners, Pharmacists, and Dentists Union (KMPDU) scored a significant win in their legal battle against Moi University regarding call allowances for five doctors.
The dispute arose when the University excluded these doctors from enhanced call allowances, contravening the Return-to-Work Formula (RTWF) previously adopted in court.
On November 18, the Milimani Labour Relations Court issued a garnishee order to recover Ksh53 million owed to the affected doctors. A garnishee order directs a third party to redirect funds owed to a debtor to satisfy a debt owed to a creditor.
The court’s directive effectively froze Moi University’s bank accounts to facilitate the recovery of the owed amount.
Initially, KMPDU approached the court seeking clarity on the University’s obligations under the RTWF. Following the clarification, the Union calculated the owed amount at Ksh53 million and demanded settlement by October 2024.
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However, Moi University failed to meet the deadline, prompting KMPDU to file a petition seeking a garnishee order, which was subsequently granted.
KMPDU’s Stance
National Secretary General and CEO of KMPDU, Davji Bhimji Atellah, expressed satisfaction with the court’s ruling.
He stated that the Union would not allow Moi University to defy court orders. Atellah noted that freezing the University’s bank account ensured the doctors would receive their dues directly, reinforcing KMPDU’s commitment to fairness and justice.
Lady Justice Hellen Wasilwa presided over the case and confirmed the issuance of the garnishee order. The Court amended an error in its initial ruling, clarifying that the granted order related specifically to the garnishee directive.
The judge certified the application as urgent and prioritized its hearing, with interim orders granted based on KMPDU’s prayers.
Justice Wasilwa emphasized that the garnishee order would be made absolute, ensuring Ksh53.5 million was paid to the petitioners. The matter is set for further mention on November 19.
Case Overview
The case involved KMPDU as the petitioner, Moi University as the first respondent, and the Cabinet Secretaries for Labour, Social Protection, and Health as additional interested parties. This outcome marks a significant step in upholding contractual agreements and the rights of healthcare professionals.
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Key Takeaways
- Amount Owed: Ksh53 million.
- Court Order: Garnishee directive issued to recover funds directly from the University’s accounts.
- Next Hearing: November 19 for further directions.
- Union’s Objective: Ensure justice for the affected doctors while enforcing court orders.
This case underscores the role of judicial intervention in ensuring fairness and compliance in employer-employee agreements.
Moi University Ordered to Pay Ksh53 Million to KMPDU Doctors.
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