Doctors’ bid to avoid jail flops


Doctors’ bid to have the one-month sentence issued to the officials of the Kenya Medical Practitioners and Dentists Union stayed has flopped after the court of appeal declined their application.

The court of appeal declined to issue the orders on grounds that the minister for health had not been served with the appeal.

“We do not find it appropriate to make any orders of stay as requested by doctors,” the court ruled.

Instead, the appellate judges GBM Kariuki, Hannah Okwengu and Jamilla Mohammed directed the doctors’ union officials’ lawyer to serve the Ministry of Health within 48 hours and take hearing dates at the registry.

The doctors’ union had moved to the court of appeal to challenge the one-month jail term handed to them by Labor and Employment Court judge Hellen Wasilwa for disobeying court orders.

The union officials, through their lawyer, argued that if they are jailed the ongoing negotiations will flop, an application the respondents by in the case have objected.

The Council of Governors argued that the appeal by doctors is premature and an abuse of court process.

Meanwhile, Judge Hellen Wasilwa is this Friday expected to make a ruling on whether she will suspend the jail term to allow the doctors continue with their negotiations.

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