Raila’s lawyer faults President Ruto for illegally firing Public health PS.
Speaking today, Raila’s lawyer faults President for illegally firing Public health PS, citing that the constitution does not guarantee him such powers.
PS Mburu was fired over alleged impropriety within the Kenya Medical Supplies Authority (KEMSA).
The lawyer stated that president Ruto used his office wrongly and took the powers that belong to the Public Service Commission (PSC).
Mwangi stated,”The President can only fire public servants he has appointed. Article 234 Constitution says only Public Service Commission can discipline and fire public servants.”
Mwangi questioned why President Ruto is not adhering to new Constitution that limited the President’s powers and extended the citizens’ role.
He pointed fingers towards the state counsel, reprimanding them for not advising the president Accordingly.
He stated,”This Article was put because, in the old Constitution, public servants served at the pleasure of the President.”
In the President’s defence, UDA secretary general, Cleophas Malala stated that the party is in full support of the president’s decision on KEMSA
Malala stated,”As UDA Party, we support the President’s decision of terminating the appointment of the PS- Public Health and Professional Standards.”
The Employment Act, of 2007 outlines guidelines to be followed before a public servant can be dismissed. These procedures include:
The public servant must be given a written warning of their misconduct or unsatisfactory performance, an opportunity to respond to the allegations against them, a hearing before a disciplinary committee and a written decision of the disciplinary committee.
If a public servant is dismissed, they may appeal the decision to the Industrial Court. The Industrial Court has the power to overturn the disciplinary committee’s decision and reinstate the public servant.