Okiya Omtata takes the Director of Public Health Dr. Kepha Ombacho to court over integrity issues

             By Kevin Ndhirangu

Human rights activist Okiya Omtata early this month filed a petition (No. 562 of 2017) at the Nairobi High Court, certified as urgent, before Justice John Mativo to the CS for Health, Public Health Officers and Technicians Council, Dr. Kepha Obacho (Director of Public Health and Sanitation), PSC and the AG over the mismanagement of the Public Health Officers and Technicians Council (PHOTC), irregular appointment of independent members of the Council,  exorbitant and discriminatory examination and licensing fees the Council charges Interns, the conduct and integrity of the Director of Public Health/Registrar of the Council Dr. Kepha Ombacho, his irregular re-appointment and rampant corruption in the Department of Environmental Health, Afya House, among others.

Omtata (Left) and Director of Public Health Dr. Ombacho

The petition came after persistent complaints from a group of Public Health Officers (PHOs) countrywide expressing concerns about a number of malpractices going on at the Directorate of Environmental Health at Afya House. The Director of Public Health and Sanitation Dr. Kepha Ombacho is under investigation by the EACC over embezzlement of funds meant for crucial agencies such as the Public Health and Technicians Council (PHOTC) and the Tobacco Control Board.

Okiya Omtata's Petition comes at a time when a circular had already been issued by the Public Service Commission (PSC) with a directive that no civil servant should ever be granted an extension upon attainment of mandatory retirement age of 60 years yet Dr. Kepha Ombacho has been granted two more 2 years from 1^st January 2018. Public Health Officers across the country are concerned with his new appointment letter from the PSC and the Cabinet Secretary Dr. Cleopas Mailu considering the Department does not have any leadership transitional gap. It has enough staff in senior management level from job group P to R capable of steering the department from where he would have left. Other sources indicate Ombacho might even be 63 and not 60, hence raising questions on the possibility of forgery. 

Public Health officers in Kenya are also concerned with the gross mismanagement of the Public Health Officers and Technicians Council. Transparency and accountability within the Council have been very serious issues. Its alarming to note that the Council accounts have never been audited since the gazzettement of its 1^st council members in 2013. This poses a serious economic crime considering there is no accountability of funds collected from the more than 5,000 Public Health Officers(PHOs) throughout the country. Dr. Ombacho, who doubles as the registrar to the council, is accused of unilaterally withdrawing large sums of money from the council’s accounts without due process.

Many Public Health institutions, like Moi University, have not yet been accredited inspite of being a pioneer public health training institution in the country formed under an act of Parliament for unclear reasons. Under his leadership, the Council authoritatively without any consultations, decided to charge ridiculously exorbitant licensing and examination fees to PHOs and interns inspite of doing nothing to position the numerous jobless PHO interns to job placements. The Council members have also been selected and gazetted without any stakeholder consultations, made up of the Registrars’ friends and associates.

Apart from micromanaging the Council against the benefits of Public Health Officers, Dr. Ombacho has also interfered with the running of the Association of Public Health Officers of Kenya (APHOK) which he is a patron of. He has created divisions among the body’s officials to an extent that they can’t withdraw any funds from its accounts to conduct any activities. This frustration has led to a section of PHOs initiating the formation of the Kenya Health Professionals Society (KHPS) which they can effectively and freely use to advocate for their rights. Dr. Ombacho is also accused of masterminding massive theft of public health funds and mismanagement of resources at Afya House, some of which donated by UNICEF, which has had to suspend funding to the department until clear accountability is provided. The Port health department is reported to be among the most affected by these accusations of corruption. In their letter, the PHOs also accuse the Director of poor leadership characterized by intimidations, massive nepotism and arrogance towards his staff.

Among the reliefs Mr. Omtata seeks include revocation of Dr. Ombacho’s appointments and his proceed to terminal leave, revocation of appointment of members of the public health council and stakeholder consultations for new council membership constitution, stakeholder consultations to determine convenient licensing and examination fees by the council according to the law, accreditation of Moi University and thorough investigations into misappropriation of funds at the Directorate and prosecution of all those involved.

The petition’s first hearing was on 15^th November 2017 and the next one is on 29^th this month. It has raised a wave of optimism among public health professionals seeing it as an opportunity to sanitize the profession and reclaim its honour as the cream of all health professions. 

Mr. Ndirangu is  a PHO in the private sector