In a major win for the Kenya Medical Practitioners, Pharmacists, and Dentists Union (KMPDU), the Employment and Labour Relations Court has granted an order allowing the union to attach Moi University’s accounts over KSh 53.5 million in unpaid salary arrears owed to its medical staff.
The ruling comes after Moi University failed to comply with a previous court order requiring the institution to pay its doctors the overdue salary arrears within 60 days.
The court had earlier directed that the university settle the amount in full by September 26, 2024, but the university failed to meet the deadline, prompting KMPDU to take legal action to enforce the ruling.
Lawyer Henry Kurauka, representing KMPDU, applied for the Garnishee Orders in execution of a decree granted by Lady Justice Ngibuini earlier this year. The court had ruled that the university must pay the KSh 53.5 million to the doctors who had worked under the institution’s employment but had not received their full dues for months.
The application for Garnishee Orders sought to compel Moi University to settle the outstanding payments by attaching its accounts.
The Garnishee Orders Nisi were granted by Lady Justice Hellen Wasilwa, who directed the university’s bank, National Bank of Kenya, to secure the sum of KSh 53.5 million in the university’s account pending the finalization of the case.
The court action has temporarily frozen the university’s accounts, preventing the withdrawal or transfer of funds until the matter is fully resolved. The judge’s decision is intended to ensure that the doctors receive the funds owed to them and that the university adheres to the court’s orders.
The legal dispute stems from an earlier directive issued by the Employment Court, which had ordered Moi University to settle the salary arrears owed to its medical staff.
KMPDU had claimed that the institution failed to honor the financial commitments to its employees, despite repeated assurances that the arrears would be paid.
The doctors, who provide essential services to the institution, have been without their full pay for an extended period, leading to mounting frustration. KMPDU, in its pursuit of justice for its members, had given the university ample time to comply with the court’s orders, but the failure to make payment within the stipulated period forced the union to take further legal action.
Lady Justice Wasilwa’s ruling marks the beginning of a series of legal steps that could see the university’s assets used to satisfy the unpaid wages.
The court has ordered that the Garnishee Orders Nisi be made absolute, and National Bank of Kenya has been instructed to secure the money in the university’s account until the matter is resolved.
The university now faces pressure to comply with the court’s orders to avoid more severe enforcement actions.
The case is scheduled for further directions on November 19, 2024, when the court will decide on the next steps and how to ensure the KSh 53.5 million is paid to the doctors.
