The transformation of the National AIDS Control Council (NACC) into the National Syndemic Diseases Control Council (NSDCC) was meant to usher in a new era of holistic public health leadership in Kenya, but the organisation is now mired in controversy.

Its chief executive Ruth Laiboni–Masha is said to have continued staying in office despite her contract elapsing seven months ago after former Health Cabinet Secretary Susan Nakhumicha renewed her second term in office for one year, which ended on September 15 last year.

Dr Masha is accused of having fraudulently extended her contract further, having already served for three years that ended in September 2023.

A letter seen by The Standard, written by Nakhumicha on July 28, 2023, to NSDCC board chairperson Geoffrey Gitu gave a directive to extend Masha’s term for one year with effect from September 15, 2023, to September 15, 2024.

“The purpose of this letter is therefore to convey the directive that the term of Dr Masha as the CEO of the National Syndemic Disease Control Council be extended by one year with effect from September 15, 2023 to September 15, 2024,” said the letter.

Nakumicha said the decision had been arrived at after the perusal of the board’s recommendation and performance appraisal of the CEO’s performance and finding them satisfactory.  

The board had recommended that Masha’s contract be renewed for another three years citing her good performance in her first term but Nakhumicha instead opted to give her only one year extension.

However, a letter written by Gitu to Masha confirming the renewal of her contract did not state the one-year extension issued by Nakhumicha but instead indicated that the CEO would serve as per the board resolution made on March 30, 2023, in line with Mwongozo Code of Governance for State Corporation.

“This offer and your acceptance will constitute a binding contract between you and the National Syndemic Diseases Control Council and supersedes any other agreements and arrangements entered with the NSDCC,” said Gitu in the letter.

Gitu in a reply to the Health Cabinet Secretary in November last year stated that the board had noted recommendation that they change their contractual terms for the CEO to one year pending anticipated legal reforms for the organisation to align to the Executive Order Number 1 of 2023.

He pointed out that on further review of the recommendation, they had noted that the parameter for anticipated legal reforms in the institution was not provided under the National Syndemic Diseases Control Council Human Resources and Administration Policy regulations 2009 and Mwongozo Code of Conduct.

Gitu urged the Cabinet Secretary to note implementation of her recommendation may cause unnecessary litigation and loss of public funds, stating that the board had resolved to renew Masha’s contract for three years in accordance with approval of performance appraisal resolution made in March 2023.

Stephen Ojwang filed a petition before the Employment and Labour Relations Court in October last year seeking to have Masha ordered to vacate office and stop exercising the functions of the said office until the validity of her contract is determined.

“Investigations should be conducted and if the chief executive officer Dr Ruth Masha has drawn salaries and benefits from the public coffers illegally the same should be recovered by way of surcharge,” said Ojwang in the petition.

The petitioner also sought to have the board members representing the State Corporations, the National Treasury, Attorney General and Ministry of Health to bear personal responsibility for their failure in the board as government representatives.

Dr Masha in a reply to the petition filed in the Employment and Labour Relations Court argued that the board of the NSDCC renewed a contract for a three-year term effective September 14, 2023, and that a second term in office will end in September 2026.

“Upon notification of the expiry of my initial contract, I made application for renewal which was approved by the board which was done legally for three years. The petitioner has made reckless, unsubstantiated and false allegations against me,” Masha told the court.

Then Head of Procurement Clauder Musi wrote a letter to then Health Cabinet Secretary Debra Barasa on September 13 last year informing her of serious governance breaches and mismanagement at NSDCC, seeking to know how the CEO would pay her salary advance of Sh2 million and mortgage of Sh30 million.

“Dr Masha applied for salary advance of Sh2 million on August 14, 2024 yet her contract was ending one month later with questions raised at the time on how the government will recover the money from her since she was set to exit office legally, but opted to stay on September 15, 2024,” said Musi.

Musi accused the CEO of diverting Sh30 million from the Sh85 million that was disbursed from the Ministry of Health to buy herself a house under the NSDCC/KCB Mortgage scheme in total disregard to the fact the scheme did not have money and there were other applicants before her.