KMPDU ELDORET EXECUTIVE COMMITTEE MEETING MAY 23, 2012 The meeting was called to deliberate on one issue

that was of great concern to members. It was noted that the Secretary General (SG) of KMPDU, Dr. Chitayi had clearly associated with a political party while still holding the SG position at KMPDU. It was pointed out that members of KMPDU were free to be associated with any political party but KMPDU should NEVER be associated with any political outfit. This would not be in the interest of KMPDU to achieve its goals. Sadly, this is what the SG had done to the union while still insisting to hold on to the position at the Union. Members invoked KMPDU Constitution [Article IX;C;3(b)] on the responsibilities of the branch executive committees: To pay relentless attention to the sentiments and remarks of the members of the Health Care Profession in Kenya and to report the same to the Office of the Secretary General. The issue was discussed at length. The following points were noted: 1. Dr. Chitayi insists on being both the SG KMPDU and the secretary of health of a political party, 2. The association of KMPDU with a political party was in the interest of individual members and did not serve in the Union in achieving its goals, 3. Dr. Chitayi was congratulated on this new achievement were passed and he was wished the best in serving the interests of Kenyans in the new portfolio, 4. Dr. Chitayi should STEP DOWN from being SG of KMPDU since by serving both positions, he will bring KMPDU into disrepute, 5. The National Executive Council (NEC) is urged to meet with the sole purpose of suspending Dr. Chitayi from the post of Secretary General if he cannot honorably step down by the said meeting, pending endorsement by NEC, 6. That the deputy SG or any member appointed by NEC can take over the responsibilities of the SG until an Annual Delegates Conference, 7. That the process of suspending the SG has to be within the KMPDU constitution. Members went through the KMPDU constitution to see if there were provisions of suspending the SG lawfully. This matter was laid to rest beyond any reasonable doubt. 1. [Article IV;5] in whole states, Any National Officer of the Union may be suspended from office by a two thirds majority decision of all members entitled to attend and vote at the NEC. In the event of such suspension, the NEC shall have power to appoint one of its members to act in such post pending the decision of the annual Delegates Conference whether or not such an officer should be re-instate or dismissed 2. [Article VIII;(C);7] in whole states, The National Executive Council may suspend or dismiss or replace any officers of the Union for negligence of duty, dishonesty, incompetency, or for failure to obey its decisions or for other reasons it may deem fit and important in the interest of the Union subject to the approval of the Annual Delegates Conference. 3. [Article III;II(a)] in part states, Any Union member who, in the opinion of the National Executive Council.works contrary to the interests of the Union or its members,. may be expelled by the National Executive Council of the Union and he/she shall thereupon cease to be a member, but can appeal to the Annual Delegates Conference. 4. [Article VIII;D]is clear on the method by which suspension can be undertaken by NEC:

1. Part 1. The NEC shall make decisions through a vote in which a simple majority will be sufficient to decide upon any matter 2. Part 2. Each member of the NEC shall have one (1) vote (one man one vote policy). 3. Part 3. In the event of a tie, the Chairman shall have the right to cast a second vote to break the tie. 4. Part 4. NEC decisions so arrived at will be binding to all members of the NEC and shall be entered in the minutes as the NEC decision on the matter in question. It was noted that the constitution of KMPDU was very clear on this, that there were no ambiguities whatsoever and that if the NEC decided on this matter in this manner, such a decision will stand in a court of law. It was pointed out that the constitution gave NEC so much power that in fact, they could suspend any member of NEC without any reason whatsoever. In such a case as the one in question, which has brought a lot of anxiety to members, NEC has the full responsibility to bring this matter to an end in their next meeting and their decision in whatever direction, should bring this matter to a conclusive end. Members pointed out that any member in the NEC or branch officials were free to engage in political activities, but only on condition that they step down from Union responsibilities. In any case, we need more doctors representing the Union in political cycles. The meeting concluded that other branches of KMPDU and all members were free to go through the constitution and confirm the above clauses. OVER TO YOU NEC.