A judge has dismissed several petitions filed last year challenging the appointment of suspended Kenya Medical Supplies Authority (Kemsa) chief executive officer Terry Ramadhani, saying she was properly recruited.
The Employment and Labour Relations Court ruled that Ms Ramadhani satisfied the requirement of the Kemsa Act and was qualified to occupy the office.
Justice Matthews Nderi further dismissed claims that the suspended CEO interfered with the recruitment process as she was a Kemsa board member.
The post was advertised on March 5, 2022, when Ms Ramadhani was the director of the HR committee. She resigned before she was picked as the new CEO.
In the decision, the judge stated that although the petitioners alleged that she was not compliant, Ms Ramadhani tabled her academic qualifications meeting the requirements to become the CEO.
“The recruitment process was opaque with no provision for public participation at any stage of the entire process. No lists of applicants were publicised or lists of shortlisted candidates or the public invited or given an opportunity to comment on the shortlisted candidates and the venue and times for the interviews were not advertised or publicised,” the petition stated.
Other claims were that the hiring was contrary to the principles of transparency as Kemsa conducted the process in secrecy. The judge ruled that nothing prohibits an employer from having internal recruitment.
The court at the same time quashed redundancy notices the agency issued in 2021 in reforms. According to the judge, Kemsa had no power to abolish the positions without involving the Public Service Commission.
