Kenya | Commission’s intervention secures permanent employment for 400 hospital staff

When some staff of Moi Teaching and Referral Hospital lodged a complaint with the Commission on Administrative Justice (Ombudsman) over unfair employment practices, they may not have expected the good news so soon. On 25th September 2015, some 400 staff on contract terms of employment with the Eldoret-based hospital filed a written protest with the Commission. The complainants alleged that they were employed by Moi Teaching and Referral Hospital (MTRH) in 2010 as contract employees on a 12 months’ renewable contract. They further alleged that they expected the Hospital to accord them a priority in recruitment on permanent and pensionable basis whenever opportunities arose based on their accrued experience and merit.

However, this was not the case as the Hospital management allegedly conducted recruitment based on no objective criteria, but extraneous considerations such as tribalism, nepotism and favouritism. They alleged that the recruitment process was done in an uncoordinated manner as advertisement for vacancies and interviews thereof was selectively done for a few Departments.

The Commission’s Eldoret office made a written inquiry to the Director MTRH in October, 2015, which elicited a response dated 21st December 2015, and further exchange of correspondences in the inquiry process. Accordingly, the Commission made its findings vide a Determination dated 2nd June 2016, wherein it was recommended that the complainants be confirmed as long term employees under permanent and pensionable terms and that a review of the MTRH Human Resource Policy/Manual be undertaken to entrench fairness, equity and transparency in recruitment of staff.

The Hospital Board responded positively to our findings and requested for budgetary allocation from the National Treasury to enable translation of the complainants’ fixed term contracts into permanent and pensionable terms. Consequently, the Director wrote to the Commission on 28th June 2016, indicating that the complainants had been absorbed on permanent and pensionable basis and that the Board was in the process of reviewing the Human Resource Manual to align it with our recommendations. These developments were confirmed by the complainants vide their letter dated 23rd December, 2016. Over 400 contract employees were issued with confirmation letters.

 

Source: Commission on Administrative Justice (Ombudsman), Kenya

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