Labour Court orders doctors to resume work
Hundreds of health workers participate in a demonstration in Nairobi on April 16, 2024.
What you need to know:
- Justice Byram Ongaya ordered the Union and the Government to work on a return to work formula within 30 days
- Justice Ongaya heard that the ongoing strike has adversely affected services in public hospitals leading to massive deaths
- Lawyer Ochieng Oduol for the Attorney General pressed for minimum services to be resumed in all public hospitals as negotiations of stakeholders take place
The Labour Court has directed Kenya Medical Practitioners and Dentists Union to ensure doctors of different cadres are present in public health hospitals to handle emergencies countrywide.
Justice Byram Ongaya ordered the Union and the government to work on a return to work formula within 30 days.
Justice Ongaya, who allowed the plea by the government for a 30 days extension of the negotiation window, fixed the case for mention on May 23, 2024 to record a compromise.
Justice Ongaya heard that the ongoing strike has adversely affected services in public hospitals leading to massive deaths.
“The effect of the ongoing doctors has led to massive deaths in public hospitals as services have been brought to a standstill,” Justice Ongaya heard.
Lawyer Ochieng Oduol for the Attorney General, pressed for the calling off of the strike and an understanding reached to save patients admitted in public hospitals from imminent deaths.
Oduol pressed for minimum services to be resumed in all public hospitals as negotiations of stakeholders take place.
He also urged that the contempt of court proceedings filed against KMPDU officials be stayed.
The judge heard that the relevant government agencies involved in the negotiations had not involved officials of KMPDU.
Giving directions geared towards resolving the dispute which stems from non-implementations of the Collective Bargain Agreement (CBA) Justice Ongaya ordered “that no official of KMPDU should be intimidated, disciplinary action taken and or harassed in any way pending the resolution of the basic salary and other remuneration issues.”
He directed that pending the return to work formula on minimum safety services, for all hospitals categorised as level 3, 4 and 5, there shall be at least two doctors per cadre, two medical officers, two dental officers and two pharmacists, and at least two consultants designated to be on duty to handle emergencies.
In the national teaching and referral hospitals of Kenyatta National Hospital (KNH), Moi Teaching Referral Hospital, Mathare and Kenyatta University Teaching Referral Hospital there shall be at least 30 consultants, 50 medical officers ,10 pharmacists and 3 dentists designated to be on duty.
For Mathare teaching and referral hospitals, Justice Ongaya said there will be ten consultants, three medical officers.
He extended interim orders previously given for sustainable amicable solution in the strike notice and reconciliation proceedings on the CBA.
Minimum safety services shall continue and conclude in 30 days and relevant reports filed in court accordingly.
During the amicable discussion on how to solve the stalemate, the Judge maintained that there will be no intimidation or harassment of union officials or its members on account of the dispute before court.
No disciplinary cases shall be commenced or suspensions.
He ordered that union members should render service unhindered.
Pending the resolution of the dispute the government pleaded for orders that 75 percent of the striking doctors be directed to go back to hospitals to provide minimum basic safety services.
The judge was told by KMPDU lawyer that reports filed on the negotiations filed in court had not been supplied to him so that he could address the issues in dispute with a view to reaching a settlement.
Oduol submitted that there is an urgent need to stop loss of lives in hospitals and suffering of patients occasioned by the doctors’ violation of earlier orders issued to restrain them from taking the industrial action that has left all public hospitals grounded.
But the Kenya Medical Practitioners and Dentists Union (KPMDU) lawyer Edgar Washika opposed the application saying the government is using a “trial by ambush” strategy to bulldoze its way into securing this order.
Washika said that during the entire period, the doctors have been on strike, their officials were only invited for two meetings on April 12 and April 14 before a report was prepared and filed in court on April 16.
He has not been provided with the report that is being presented in court to support the government’s application for more time.
