CEC Health Timothy Ombati’s case seeking to be reinstated has been adjourned to tomorrow.
In a notice to litigants, Kisumu Employment court says it’s because of the visit by JSC commissioners today.
“Kindly take note that due to the fact that the JSC commissioners will be visiting Kisumu Law courts on Monday October 2, matters coming up before Hon Justice Radido and Hon Justice Baari will be mentioned on Tuesday October,” the notice reads.
The case was scheduled for hearing today before Justice Christine Baari.
In the case, Ombati has challenged the decision by Governor Nyaribo to dismiss him from work.
Through lawyer Danstan Omari, Ombati says the governor unlawfully dismissed him on grounds of embarrassment which is not in law.
In a new affidavit filed in court yesterday, Ombati says Nyaribo has misrepresented facts in his affidavit to court.
“The governor has misrepresented facts because as at the time of the launch, both of us believed that we were launching the whole consignment as it had not been dully communicated to me and to the governor that the suppliers were experiencing any challenge,” the affidavit reads.
Ombati has vehemently denied all facts made by the Governor’s in his replying affidavit except the circumstances leading to his unlawful and unfair dismissal from employment.
Ombati says that from the document, the Governor has confirmed that the reason he opted to dismiss him was for the reason of delay of supply of drugs by MEDS who had been assigned the responsibility of distributing the drugs to the 126 health facilities.
“It is clearly evidence that the success of the delivery of the drugs as the governor desired was not a responsibility under my solo control even while we all wanted the public to witness the one-off distribution of the drugs that would have attracted praises and accolades to him,” Ombati says.
In his response, Nyaribo had stood by his decision to sack Ombati saying he misinformed him that drugs had been distributed to all 126 stations.
He has asked the court not to grant any conservatory orders to Ombati.
