Court halts importation of foreign doctors

The High Court has granted doctors stay orders against the government’s decision to import foreign doctors in what the Ministry of Health termed as a move to curb the staffing crisis in Kenyan hospitals.

In a case filed by five Kenyan medics; Dr Kahindi Teddy Menza, Dr Yunasa A. Mohamed Shee, Dr Lilian Nyambeki Magara, Dr Victor Mula Mutisya and Dr Aldrin Flavian Liguyani Gulenywa,  Justice Nelson Abuotha of the Employment and Labour Relations Court  further ordered the applicants to serve the respondents with the petition within 21 days.

This comes barely two weeks after Kenya announced move to import 500 doctors from Tanzania in a bid to ease crisis in the health sector.

Speaking during a meeting with Tanzania President, John Pombe Magufuli at State House, Dar es Salaam on March 18, 2017, Health Cabinet Secretary, Dr Cleopa Mailu, thanked Magufuli for accepting Kenya’s request saying Kenyan doctors had indicated local public hospitals were understaffed hence the reason for approaching Tanzania.

On his part, Magufuli said that the medics being sent to Kenya are those who are currently not in government employment and are willing to work in the country.

Magufuli further intimated that the move was also advised by Kenya’s promise of competitive remuneration for the Tanzanian doctors.

In January, the government had intimated that it was exploring possibilities of recruiting foreign doctors in a bid to restore health services in public hospitals when the local doctors had downed tools.

With the Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) officials maintaining the full implementation of a Collective Bargaining Agreement (CBA) signed in 2013, the Council of Governors Chair, Peter Munya, on March 8, 2017 during the devolution conference in Naivasha announced that the government would hire doctors from Tanzania, Ethiopia and Cuba in the next three weeks to replace striking doctors.

The strike that took 100 days and one that saw Kenyans lose their lives and thousands of patients left in despair has since been called off.

The strike was called off by KMPDU after signing a return-to-work formula with the government and the Council of Governors.

“We are happy that the union has put to an end the strike. The terms and conditions relating to doctors have been honoured,” said KMPDU Secretary General, Dr Ouma Oluga, after signing the deal.

According to the signed return-to-work formula, the Council of Governors and KMPDU are set to sign a CBA within 60 days and file it at the Employment and Labour Relations Court.

The matter to be mentioned on 19th April 2017.