Mutahi Kagwe stares at 6 months in jail for contempt, set to be sentenced in November

– The Employment and Labour Relations Court in Nairobi on Thursday, October 2, deferred sentencing after Kagwe moved to the Court of Appeal to challenge the decision

– The CS obtained an order stopping his sentencing until November 20 when the matter will be heard before the appellant court

– Justice Onesmus Makau convicted him for contempt of court after he initiated the transfers of the NQCL CEO and deputy director despite existence of an order barring the redeployment

Health CS Mutahi Kagwe who was found guilty of disobeying Court orders for transferring the chief executive officer of the National Quality Control Laboratory (NQCL) is set to be sentenced on November 23.

Health CS Mutahi Kagwe at a COVID-19 press briefing on July 28. Photo: MoH.

Source: Facebook

The Employment and Labour Relations Court in Nairobi on Thursday, October 2, deferred sentencing after the CS moved to the Court of Appeal to challenge the decision by the labor court to convict him for contempt.

Kagwe obtained an order stopping his sentencing until November 20 when the matter will be heard before the appellant court.

Justice Onesmus Makau has been transferred to Kisumu Law Courts after convicting CS Kagwe. Photo: Daily Nation.

Source: UGC

Justice Onesmus Makau convicted him for contempt of court after he initiated the transfers of the NQCL CEO and deputy director despite existence of an order barring the redeployment.

Judge transferred to Kisumu Law Courts

The judge who indicated has was transferred to Kisumu Law Courts ordered the CS to appear before his predecessor on November 23 for sentencing.

NQCL CEO Hezekiah Chepkwony and the agency’s deputy director Pius Wanjala, had moved to court challenging their transfers.

Chepkwony had been posted to the Kenya Medical Training College (KMTC), whereas Wanjala had been moved to the Moi Teaching and Referral Hospital in Eldoret.

Court orders

The two NQCL bosses had obtained a court order on January 31, 2020 stopping the transfers from being implemented.

Makau granted the duo’s wishes effectively stopping their ordered transfers.

Kagwe was also accused of frustrating efforts by the NQLC board to have a discussion on the conflict with a view of reaching a truce.

“The deliberate violation of the Judgment is evident as NQCL’s Board of Management made efforts to address the issues relating to the two, these efforts are demonstrated by the fact that the Board put up an advert on 6.6.2020 advising the media to stop publishing falsehoods against Chepkwony and Wanjala.

“In its letter dated June 8, it sought to meet the CS for a discussion on the media reports, its mandate, challenges and the way forward but no meeting took place,” Justice Makau noted.

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