Labour Court Halts Looming Doctors’ Strike
The strike was to take effect after midnight Wednesday.
On Wednesday, Principal Judge Byram Ongaya issued the directives in response to an urgent certificate filed by James Kounah Advocate. This submission was backed by an affidavit from Jane Akunda, dated March 12, 2024.
The Kenyatta National Hospital filed a court petition to prevent doctors employed at the hospital from initiating a strike, following the expiration of the 7-day strike notice. Despite the hospital’s legal action, the Kenya Medical Practitioners, Pharmacists, and Dentists Union (KMPDU) remains steadfast in its determination to proceed with the planned strike.
Judge Ongaya believes that temporarily halting the orders will set a conducive atmosphere for discussions and consensus-building on crucial services to persist in the event of a strike.
“Pending the return date or further orders by the Court and pending the determination and filing of the agreement on the minimum safety services mentioned in order 2 above, there shall be a stay of the taking effect of the strike notice and going on strike of the union’s members as notified in the strike notice,” the orders read.
To break the deadlock, the court instructed Florence Bore, who serves as the Cabinet Secretary for the Ministry of Labour and Social Services, to convene a tripartite meeting by noon on Thursday, March 14, 2024.
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The gathering will consist of delegates from the KMPDU, officials representing the respondents, and public service employers mentioned in the union’s strike notification.
The objective is to engage in negotiations and address the concerns outlined in the strike notice, specifically focusing on issues related to ensuring minimum safety services in the event of a potential strike.
Medical professionals affiliated with the Kenya Medical Practitioners Pharmacists and Dentist Union (KMPDU) issued a strike notice on March 6, notifying them of a potential strike within seven days. The reason behind the strike is the prolonged delays in assigning placements for medical interns.
In a swift response, Nakumicha rejected the doctors’ requests as impractical, emphasizing that the Ministry is constrained in addressing the matter of Interns Placement.
“We cannot do anything as a Ministry, it’s up to the Treasury to facilitate…the Government cannot cater for over 3,000 interns at this time, they have to be realistic,” Nakhumicha said then.
The medical professionals have committed to continuing the strike, asserting that the government cannot demand their adherence to court directives when it has neglected to enforce the 2017 Collective Bargaining Agreement (CBA) in defiance of court orders.
Labour Court Halts Looming Doctors’ Strike
