The fate of defunct National Insurance Health Fund (NHIF) employees who were to be internally absorbed to the Social Health Authority (SHA) has been sealed after a court in Nairobi declined to lift orders requiring all jobs to be externally advertised.
Employment and Labour Relations Court Judge Byrum Ongaya, in his ruling, said SHA Chief Executive Mercy Mwangangi had not demonstrated that its services had been hindered, as those who previously worked in NHIF remain in office until new staff are competitively recruited. "It is paramount and not lost to the court's consideration and attention that in the transition, the applicant (SHA) must continue rendering service and which is not impaired to the extent that the staff of the defunct NHIF are in place until the transition is undertaken and concluded along the directions set out in the legislation and elaborated in the ruling," said Justice Ongaya.
He observed that the elephant in the room was not that those in NHIF would lose their jobs but rather, whether the process of their recruitment was open and competitive, as required by law.
The judge said those who are currently working for the government health insurer and want to continue working should equally apply for the same or other positions in the institution, but not as an automatic transition. "It should otherwise be obvious that the staff purportedly recruited pursuant to the internal advertisement cannot hold onto the illegal and unconstitutional process to justify the illegitimate purported recruitment and appointments," he said adding that they should continue working as temporary staff until their fate is determined as per the court orders.
