Evelyn Kwamboka
17 April 2008
Nairobi — A judge has lashed out at the Attorney General, Amos Wako for failure of Government institutions to obey court orders.
Justice Joseph Nyamu asked the AG, as the chief Government legal adviser, to ensure State institutions or officials obeyed court orders.
"How can the AG sit and watch when court orders are being disobeyed?" the judge asked.
The judge said this when the court was informed that the Kenyatta National Hospital board, retired Mrs Florence Musau as the director, contrary to High Court orders issued, last year.
The court had issued interim orders barring the board from sending her on compulsory leave.
It also ordered that she continues receiving her salary until a case filed in court is heard and determined.
Musau's lawyer, Ms Kethi Kilonzo said she has instructions to institute contempt proceedings against the board for retiring her client.
"We have been unable to reach an agreement with the board and they have not only retired her, but stopped her salary too," she told the court.
The court ordered that the matter be mentioned on April 29, to enable the State Counsel, on behalf of the AG, to communicate with the board and the Ministry of Health.
Musau was sent on compulsory leave on December 1, 2005, to facilitate investigation by the Kenya Anti-Corruption Commission.
She then obtained orders stopping the appointment of a director for the hospital on January 12, last year.
Justice Nyamu told the two parties to consult and reach a common ground.
"We have initiated a process that would lead to a settlement but if you are not able to agree, then the application can be heard in full," the judge suggested.
He said the process was to have the doctor leave the hospital honourably, depending on the outcome of the investigation and the hospital getting a new director.
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