The Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) has filed a contempt of court case against Nairobi Hospital CEO James Nyamongo.
This comes after KMPDU on August 24, 2023 obtained court orders directing Mr. Nyamongo to recognise the union as it represents a significant number of Nairobi Hospital’s employees.
Employment and Labour Relations Court Judge Mathews Nduma, in the ruling, also directed the two parties to negotiate and execute a Recognition Agreement within 30 days.
“…by a letter dated 29/7/2021, the Chief Executive Officer of the hospital wrote to the claimant stating that upon review of the contracts of the draft recognition agreement and having considered the employees whose interest, the union intends to represent, it had found that the number of staff the union intends to represent are approximately 14% of the total unionisable employees,” read previous court documents seen by Citizen Digital.
“The hospital Chief Executive Officer stated that the union had not satisfied the threshold set under Section 54(1) of the Labour Relations Act, 2008 to warrant recognition by the hospital.”
Judge Nduma however ruled that; “The Court finds that the claimant (KMPDU) has proved on a balance of probabilities that it had recruited about 85 unionisable employees of the 1st respondent who comprise about 60% of the unionisable employees of the i= respondent (Nairobi Hospital).”
KMPDU, through Secretary General Dr. Davji Atellah, now says it served Mr. Nyamongo with the court judgement on September 28, 2023, but that he has failed to comply with the orders.
Through lawyer Washika Ochima, it has hence sued the Nairobi Hospital boss seeking that he be jailed for contempt of court and directed to comply with the court orders.
