Petition against COVID-19 medical allowances, benefits certified urgent

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High court has certified the application by the Kenya Association of Health Administrators seeking to suspend payment of Covid-19 medical allowances and benefits as urgent.

Justice J. Makau directed the parties to file and serve their submissions and responses on or before 29th May 2020 when the matter will be heard.

The association moved to court seeking orders to suspend the implementation of SRC directive on the payment of the Covid-19 medical allowance and benefits for frontline health workers in the national and county government.

The association accuses SRC of omitting them from the Covid-19 medical allowance without offering any explanation despite them being on duty in hospitals and being critical essential services providers and among the critical cadres in healthy care.

“This court do issue conservatory orders temporarily restraining the Ministry of health from implementing Salaries and Renumeration Commission directive communicated vide a letter dated 28th April or making the payment of the Covid-19 medical emergency allowance and benefits for frontline health workers in national and county government”, states the association.

Through lawyer Danstan Omari the petitioners argue that they were unjustifiably, unreasonably and callously omitted from the list of beneficiaries as proposed by SRC yet it’s members are in charge of supervising the other beneficiaries and responsible for the smooth running of hospital operations.

The petitioners aver that on above mentioned date, SRC wrote to the Cabinet Secretary, Treasury directing him to pay the COVID-19 medical emergency allowance and benefits for frontline health workers in the national and county governments in the manner proposed thereunder.

It is their submission that our of the seventeen cadres, the commission considered sixteen cadres for the provision and award of the COVID-19 medical emergency allowance and deliberately omitted them without offering any explanation yet they oversees all support services such as maintenance of all the hospital equipment including but not limited to ambulances, supplies, all support staffs including drivers, cleaners and mortuary attendants.

Respondents in matter are SRC, Ministry o Health, Ministry of Finance and the Attorney General while Kenya Health Professionals society and the Counsel of Governors have been named as interested parties.