The Kenya Medical Practitioners Pharmacists and Dentists Union (KMPDU) has achieved a decisive victory in its dispute with Moi University over call allowances.
The Milimani Labour Relations Court issued a garnishee order on Monday, November 18, directing the recovery of Sh 53 million owed to five doctors who were excluded from enhanced call allowances. The controversy arose when Moi University failed to implement the enhanced call allowances for these doctors, despite a court-approved Return-to-Work Formula (RTWF). After calculating the outstanding amount and setting an October 2024 payment deadline, which the University failed to meet, KMPDU took legal action resulting in the garnishee order—a legal instrument that enables courts to redirect funds from a debtor to satisfy creditor claims.
“This honourable Court be pleased to order that the garnishee order be made absolute to pay a sum of Ksh53.5 million to the Petitioner. I note that this order has an error and is amended accordingly to read that the order granted is the garnishee order being prayer No. b and not No 5 as the order,” Justice Wasilwa ruled.
KMPDU’s National Secretary General and CEO Davji Bhimji Atellah welcomes the court’s decision, noting that the University’s bank account has been frozen to facilitate direct payment to the affected doctors. This action, he emphasizes, demonstrates the Union’s commitment to securing justice for medical practitioners. In her ruling, Lady Justice Hellen Wasilwa emphasized the significance of the garnishee order, directing the payment of Sh 53.5 million to the petitioner.
“The university’s bank account is now frozen, and the funds will be deducted directly to pay the doctors. This victory reinforces our resolve to fight for fairness and justice for every doctor,” he said.
The court amended the order to specifically reflect that it was a garnishee order as outlined in prayer No. b. Given the urgency of the matter, the court certified the application for priority hearing and granted interim orders as requested by KMPDU. The case, which involves KMPDU as the petitioner and Moi University as the primary respondent, also includes the Cabinet Secretaries of Labour and Social Protection, and Health as interested parties. The next hearing is scheduled for November 19, where further developments in this case will be discussed.
