Nyamira Health CEC Dr. Timothy Ombati who was sacked last week has now challenged his dismissal by Governor Amos Nyaribo saying it was illegal.
In a petition filed in court, Ombati has sued Nyaribo arguing that the county boss had no valid reason to sack him.
Through lawyer Danstan Omari, Ombati wants the court to reinstate him and suspend the decision by Nyaribo that terminated his employment.
Ombati said since October last year when he was appointed to the position, he has had a relatively cordial working relationship with everyone and he was diligent in discharging his duties.
“He never received any prior reprimands/ warnings/cautions as he was an arduous public servant,” Omari says.
Omari further argues that the reason given by Nyaribo to sack Ombati was because of embarrassment which he says is not in law.
“The prominent reason cited in the petitioner’s termination is the alleged “embarrassment” to the Governor, which reason is not contemplated in the county government act as warranting the summary dismissal from service of a County Executive Officer,” reads court papers.
Nyaribo had claimed that Ombati embarrassed him before the public by not distributing drugs to all county hospitals as agreed.
Ombati in his defence has told court that it was the company that delayed in disbursing the drugs.
He said Mission for Essential Drugs and Suppliers (MEDS) was tasked with supplying the county with drugs worth Sh 22 million and a payment voucher duly sent out to the county.
But due the political disturbances of the Maandamano the company delayed in delivering the drugs on time as scheduled.
The governor called to express his displeasure at the delays in delivery of the consignment of drugs and at the failure to avail the entirety of said consignment.
Even after MEDS wrote a letter apologising for the delay they caused, the governor still went ahead to terminate Ombati’s employment.
“It is therefore beyond controversy that MEDS occasioned the inordinate delay which they cited political unrest/ demonstrations that made the courier services they had subcontracted elect not to dispatch the consignment for delivery from Kisumu apprehensive of potential damages that may be occasioned,” reads court papers.
