Court has reinstated the Kenya National Union of Nurses (KNUN) chairman John Biiy after he was expelled over alleged gross misconduct and breach of the constitution.
Lady Justice Monica Mbaru made the ruling saying that the Chairman was unlawfully dismissed because there was a court order stopping the disciplinary meeting that was scheduled by the Union to expel him.
“The chairman has produced a court order that was issued by Judge Hellen Wasilwa, I have therefore reverted the decision by the Union to expel him pending the hearing and determination of the suit,” Said Mbaru.
The union had accused him of working with the government and other agencies to betray the ongoing talks on the Collective Bargaining Agreement (CBA).
Through his lawyer Niviah Amolo, Biiy told the court that an order was issued on February 2, 2017 stopping the meeting that was organized by The Union calling upon Biiy to defend himself against charges set out in a letter dated January 26, 2017.
Amolo said that the Union failed to follow due process in expelling the chairman because they did not issue him with a seven-day notice as required.
“The Union was served with the copy of the order but went ahead and held a meeting to dismiss Biiy from work,” said Amolo.
Wasilwa had also ordered the Union to pay Biiy his allowances of Sh 80,000 per month for the month of January 2017 and all subsequent months until he is lawfully removed from his position as Chairman of KNUN.
When the matter came before Judge Mbaru, Local Authorities Provident Fund (LAPFUND) was also enjoined in the suit as an interested party.
Lawyer Tonny Moses Odera for LAPFUND made an application to have the organization enjoined on the grounds that it has been mentioned in both the certificate of Urgency and notice of motion.
“Justice will not be done without the intended interested party being present and a party to the suit and being given a chance to be heard,” said Odera.
He added that the organization is bound to be affected by any order and the outcome of the suit.
The union’s National Executive Council (NEC) met on Friday and unanimously approved the expulsion of Biiy.
NEC accused Biiy of not observing the internal dispute resolution mechanism and colluding with the government and other entities to frustrate the work of the union.
“John Biiy has violated the union’s constitution by colluding with employees, employers, government and other entities to frustrate the union programs and activities of importance to frustrate the Collective Bargaining Agreement (CBA) negotiations which are in progress,” said Knun deputy secretary general Maurice Opetu.
Biiy has taken the union’s Secretary General Seth Panyako to court over alleged abuse of office.