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Kenya Medical Union drags Nairobi Hospital boss to court

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The Kenya Medical Practitioners, Pharmacists, and Dentists Union (KMPDU) has initiated legal proceedings against Nairobi Hospital’s Chief Executive James Nyamongo, in a case of alleged contempt of court.

The disagreement that gave rise to the case concerned KMPDU’s identification as the organization that represents a sizable portion of Nairobi Hospital’s workforce.

KMPDU was able to get court orders on August 24, 2023, compelling Mr. Nyamongo to formally recognize the union. This was deemed necessary because the union represents a significant percentage of the hospital’s personnel.

The verdict was made by Judge Mathews Nduma of the Employment and Labour Relations Court, and it required both parties to negotiate and create a Recognition Agreement within 30 days.

In prior court documents, a letter dated July 29, 2021, from the hospital’s Chief Executive Officer questioned the union’s eligibility for recognition.

The CEO claimed that in order for the hospital to recognize the union, the union had to achieve the requirements specified in Section 54(1) of the Labour Relations Act, 2008.

The CEO stated that the workforce the union aimed to represent made up just around 14% of all employees who could be unionized.

However, Judge Nduma’s ruling contested this notion, stating:

“The Court finds that the claimant (KMPDU) has proved on a balance of probabilities that it had recruited about 85 unionizable employees of the 1st respondent who comprise about 60% of the unionizable employees of the 1st respondent (Nairobi Hospital).”

KMPDU now asserts, under the direction of Secretary General Dr. Davji Atellah, that it served Mr. Nyamongo with the court’s ruling on September 28, 2023, but that he has disregarded the court’s directives.

In retaliation, the union has filed a lawsuit against the CEO of Nairobi Hospital, with legal counsel Washika Ochima.

The lawsuit demands that Mr. Nyamongo be held accountable for his acts and made to follow the court’s orders in addition to a declaration of contempt of court.

The case has once again highlighted the persistent disagreements in the healthcare industry about labor relations and recognition agreements.

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Courts

Ex-cop Rashid’s murder trial to start on March 14

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On March 14, 2024, the murder trial hearing for former Eastleigh police officer Ahmed Rashid will begin.

This comes after the state finished providing the defense side with a partial disclosure of witness statements and documentary evidence on Thursday.

Rashid was accused in April of killing Mohammed Dhair Kheri and Jamal Mohammed, two adolescents, on March 31, 2017, in Amal Plaza in Eastleigh, Nairobi.

After denying the two murder charges in front of Justice Diana Kavedza, he was freed on a Sh200,000 bond.

Prosecution attorney Alla Mulama informed Justice Kavedza at pre-trial on Thursday at the High Court in Kibera that the state will call 25 witnesses to testify during the trial, 12 of whom were prepared to do so.

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21-year-old man faces defilement charges after marrying 16-year-old

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Simon Mutuli Mwaka, a 21-year-old man, married MKK, a 16-year-old girl, in Nairobi and is now charged with defilement under section 8 (1) (4) of the Sexual Offences Act (SOA) of 2006.

On November 26, the accused, a mason by trade, was taken into custody at his home in Embakasi’s Tassia estate.

Mwaka is accused of violating section 11 (1) of the SOA by engaging in an indecent act with a minor, in addition to the defilement accusations

According to the accusation, on the same date, he touched the minor’s privates without authorization.

On November 27, while Mwaka was under night detention, the minor and he were found together at his residence.

After that, they were brought to the Mama Lucy Kibaki Hospital in Embakasi for medical examination, where it was confirmed that the minor had been defiled.

Through her mother’s phone, Mwaka had been in communication with MKK, and the mother was aware of their relationship, according to police investigations. MKK chose to wed Mwaka after finishing primary school last year because the latter was not enrolled in secondary education. Together, they made the journey from Kitui to Nairobi.

Mwaka informed MKK’s mother that they were now living together as husband and wife as soon as they arrived in Nairobi. MKK gave her mother confirmation of the same.

The mother alerted MKK’s father, who subsequently notified the local chief, about the circumstances. Mwaka’s parents were contacted by an administrator who verified that he had departed with the youngster.

The culprit was apprehended when the father of the youngster reported the incident to the Tassia police post.

Mwaka stated in court that MKK was prepared to drop the charges, but it was made clear that she was unable to do so since she was a minor. Mwaka was freed after entering a not guilty plea and providing a Sh150,000 surety bond.

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Housemaid among three charged in botched carjacking

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A 20-year-old Juja domestic worker who was caught alongside two males in a high-profile bust outside the Kasarani police station in Nairobi is currently on trial for attempted robbery.

After taxi driver Peter Gathesa drove into the station in difficulty, Joy Mumbi was taken into custody by police at the station entrance. Alongside her were her co-accused, 22-year-old Kelvin Murithi, and 25-year-old Julius Mbithi Njeru.

They are both accused of trying to rob someone violently, which is a criminal offense that carries a death sentence.

The three are charged with attempting to rob Gathesa on November 19 near the Thika Superhighway in Nairobi of his vehicle, a Toyota Ractis valued at Sh1 million.

They are charged with abusing the plaintiff violently during the  incident, reportedly strangling him while he was driving.

 

Julius Njeru, Kelvin Murithi and Joy Mumbi in the dock at the Makadara Law Courts. PHOTO|JOSEPH NDUNDA

After Murithi posted a trip request online using a digital taxi hailing app and stated he would be dropped off at Statehouse Road in Nairobi, Gathesa had picked up the three accused in Juja, Kiambu County.

Along the Thika Superhighway, Mumbi sat in the passenger seat and Murithi and Njeru followed the driver.

Murithi allegedly told Gathesa to stop and get out of the car while pointing out what seemed to be a toy gun along the route.

Contrary to the directive, Gathesa sprinted to the Kasarani Police Station, where he was saved by officers who then took the three suspects into custody.

The other two were apprehended as they attempted to flee, while Mumbi was detained inside the vehicle.

Despite Ms. Mumbi’s admission to police that she is employed as a domestic helper at a home on Kenyatta Road in Juja, the three suspects’ relationship could not be established.

Murithi resides in an estate off of Jogoo Road in Nairobi with his parents.

 

They all refuted the allegations, in front of Makadara Law Courts Senior Principal Magistrate Gerald Mutiso.

Without the option of posting cash bail, they were freed on a Sh500,000 bond with a matching surety.

The matter will be heard on February 12.

 

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