Nakuru-based doctor Magare-Gikenyi and two others have filed a petition in court seeking to nullify the appointment of Dr Waqo Dulacha Ejersa as Chief Executive Officer of the Kenya Medical Supplies Authority (KEMSA) In the lawsuit filed at the Employment and Labour Relations Court, Dr Magare, alongside activist Dishon Mogire and Philemon Nyakundi, wants the court to find that Dr Waqo's appointment is null and void, alleging that he violated the Constitution by participating in the 2022 General Election as a candidate while still holding a senior role at the Ministry of Health.
According to the petitioners, it is an undisputed fact that Waqo, having been appointed at the Ministry of Health in 1996, failed to resign as required by the Constitution and the law.
He offered himself for election as MP in Marsabit County in the 2022 general elections without relinquishing his public service post. "He was a civil servant.
He contested for an MP seat in Saku Constituency under Jubilee Party (formerly TNA) without resigning as required by law," says Dr Magare.