Court extends orders barring doctors' strike, urges further dialogue

The Employment and Labour Relations Court has extended orders suspending the protracted doctors' strike in a bid to pave way for further negotiations.

Justice Byram Ongaya, in a ruling on Wednesday, directed all the 47 county governments and other stakeholders including the Salaries and Remuneration Commission (SRC) to negotiate with good faith putting in mind the interests of Kenyans.

Justice Ongaya also ruled that there should be doctors in all the level 3, 4 and 5 hospitals, among them Mathare Hospital, Kenyatta University Teaching, Referral and Research Hospital (KUTRRH) and Kenyatta National Hospital (KNH) to handle emergency cases.

"The return to work formula and the memorandum of understanding on minimum safety services in that regard that all hospitals categorised as levels 3,4 and 5 there should be at least two doctors per cader, two medical officers, two dental officers, two pharmacists and at least two consultants designated to be on duty to handle emergencies," he stated.

The judge also said that there should be no intimidation or harassment of union officials or members on account of the said dispute, and that any disciplinary action being commenced or continued should be kept forthwith to facilitate the medics to render their services unhindered.

In reaction to the court ruling, the Kenya Medical Practitioners, Pharmacists, and Dentists Union (KMPDU however maintained a hard stance, saying the strike will continue until the government is willing to negotiate from a point of goodwill.

KMPDU Secretary General Dr. Davji Atellah, in a subsequent press address, said the doctors will only resume duty after the government calls for a proper sit-down and commits to signing a favourable return-to-work formula with them that acknowledges their issues.

“The government was saying that we have the Whole-Of-Nation engagement, but today the court has been very clear that there should be no conditions. We’re saying that as we continue with our strike, we must have a sit-down and a return-to-work agreement that gives the sanctity of this CBA and ensures that there is implementation of the demands that we have,” said Dr. Atellah.

“We have only been seeing ill will from government; we want to see goodwill from them, by first of all producing the right letters that are aligned to the CBA.”

He added: “As it is now, all doctors are out until government calls for that meeting. We will wait; whether it takes 60 days or 100 days...as long as it takes, because we’re out for a reason; we didn’t go on strike for fun.”

The Wednesday court ruling comes even as the medics who are on their fifth week of protests have remained defiant to the previously issued court orders, insisting that threats from the government and counties would not cow them.

KMPDU wants the government to fulfil the 2017 Collective Bargaining Agreement (CBA) which requires interns to be paid Ksh.206,000 per month in salaries and allowances, something which the latter has rejected saying it is unattainable.

Instead, the government proposed Ksh.70,000 in salaries for the doctors, an offer that the union turned down, extending the tiff.