Suspended medic sues PS as he seeks his job back

Thursday, August 19th, 2021 00:00 |
Milimani Law Courts. Photo/Courtesy

A clinical officer who was suspended in February 2001 for alleged gross misconduct has sued Health Principal Secretary seeking to be reinstated.

George Watuku claims he was suspended with no salary and with an order to report to the health medical officer at Machakos Hospital every second Thursday of the month.

He said he was suspended after being served with a show cause letter dubbed ‘discipline.’ 

Through lawyer Steven Nzaku, Watuku says for the 20 years he has been on suspension, he has never received any kind of communication from the ministry to date.

“I am unable to get any clearance to allow me seek jobs in the private sector and whenever I visit the ministry I am only told to wait,” he says in court documents.

Watuku says in December 2018, while still complying with the directives, he visited Afya House but was shocked to be informed that his file and records mysteriously went missing and he could not be attended to.

He says his troubles started on September 12, 1995, when he was posted to the then Kangundo Sub District Hospital (now Kangundo Level Four Hospital).

Disciplinary action

He worked at the facility until April 1999 when he was transferred to Masiga health center within Machakos county. 

On April 8, 1999, he was issued with a release letter by the medical officer in charge at Kangundo requiring him to report to his new work station at Masinga health Centre on April 19, 1999. 

He reported to work and later on the same day travelled to Machakos hospital  to the medical health officer, one T Kamau to deliver his application for annual leave, as he had applied for 51 leave days effective April 20, 1999.

Dr Kamau informed him that his leave could not be approved and served him with a letter requiring him to show cause why disciplinary action should not be taken against him for failure to honour the posting.

“On July 19, 2000, upon investigations, I was found innocent and cleared of the allegations of insubordination contained in the show cause letter dated April 12, 1999 and accordingly ordered to resume work,” he says. 

He wants the court to declare that the ministry violated his right and compensation for damages.

He also seeks an order to quash the show cause notices.

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