Lobby group challenges appointment of KEMSA’s new CEO

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Milimani Law Courts.

A lobby group has moved to court to challenge the appointment of Terry Kiunge Ramadhani as KEMSA Chief Executive Officer.

Sheria Mtaani na Shadrack Wambui also wants the High Court to issue interim order suspending the implementation of KEMSA Board’s decision appointing Ramadhani as CEO as communicated to the public vide the statement dated 19th May 2022.

“Unless the Interested Party’s flawed appointment is not quashed, she will proceed to assume office on 1st July 2022 thereby rendering the entire petition an academic exercise,” the group said.

Moreover, the grant of a conservatory order to stop the assumption of office by Ramadhani preserve the position of KEMSA’s CEO whose recruitment and appointment is presently challenged for being opaquely conducted in a manner that is unaccountable and uncompetitive.

“Contrary to the established principles of transparency and accountability, KEMSA conducted the sham process with great secrecy and failed to involve the public by failing to disclose the names of the applicants, the shortlisted applicants and the dates of the interviews to enable members of the public participate and give views on the applicants,” Sheria Mtaani argues.

The lobby believes that the recruitment process was tailor made to select the Ramadhani who served in KEMSA as its Director and Head of its Human Resource Committee, and only resigned a few days before the commencement of the recruitment process.

They also believe that Ramadhani, as the head of KEMSA’s Human Resource Committee, designed and developed the job description and job specifications of KEMSA’s CEO thereby granting herself undue advantage in the entire process.

The lobby group argue that the process was marred by conflict of interest as she was selected by her fellow board members, who she served with until a few days before the recruitment process began, a classic demonstration of the breach of the rule of law, tenets of good governance, integrity, transparency and accountability.

The Petitioner claims to have since learnt from KEMSA’s press release, that she does not meet the minimum substantive educational  requirements when examined under section  8 (2) of the Kenya Medical Supplies Authority Act, No. 20 of 2013 as she holds a Bachelor of Education Degree.