KMPDU Issues Clarity Over Arrest of Their Leaders
Doctors have rubbished calls for the arrest and imprisonment of their leaders, as the contract battle between the government and medics turns into a legal tussle.
The push and pull between the government and medics enter day 23 today, and the debate over the flaunting of court orders rages on between the Kenya Medical Practitioners, Pharmacists, and Dentists Union (KMPDU) and a civil rights organization.
Dr. Abidan Mwachi, National Chairman of KMPDU, has staunchly dismissed the accusations leveled against them, declaring their unwavering commitment to their cause.
In a press release, Dr. Mwachi spelled out the medics’ defiance, denouncing what he termed as “underhanded tactics” orchestrated by dubious civil society organizations.
These tactics, he claims, aim to intimidate and silence their leaders who advocate for their rights and the sanctity of their Collective Bargaining Agreement (CBA).
The latest development in this legal saga unfolded when Kituo cha Sheria joined the fray, seeking the incarceration of KMPDU’s top brass for allegedly defying a High Court order that halted the nationwide doctors’ strike.
According to Kituo cha Sheria, the strike’s continuation jeopardizes the lives of countless Kenyans, particularly the sick and vulnerable.
Dr. John Khaminwa, a seasoned legal practitioner representing Kituo cha Sheria, labeled the doctors’ actions as “manifestly unconstitutional and unlawful,” emphasizing the urgent need for compliance with the court’s directives.
The civil rights body is pursuing an order of mandamus to compel KMPDU’s leadership to adhere to the court’s ruling, which suspended the strike.
Central to the legal battle is Justice Byram Ongaya’s ruling on March 13, 2024, declaring the doctors’ strike illegal and ordering its suspension.
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Kituo cha Sheria seeks to enforce this ruling, urging the court to summon KMPDU’s top officials and hold them accountable for non-compliance, potentially leading to a six-month jail term.
Dr. Khaminwa underscored the suffering endured by Kenyans due to the strike’s repercussions, pointing fingers at the Ministry of Health and other stakeholders for failing to address the terms outlined in the CBA.
However, Justice Ongaya intervened to facilitate negotiations, urging dialogue between the concerned parties to resolve the impasse.
During the court proceedings on April 3, the Ministry of Health requested a fortnight’s extension to continue negotiations aimed at ending the strike.
Justice Ongaya endorsed this plea, stressing the paramount importance of dialogue in finding a resolution.
He granted a 14-day extension, urging all parties to work towards a comprehensive agreement.
Dr. Mwachi reiterated the doctors’ steadfastness in their demand for justice and fair treatment. He emphasized unity among medical professionals in their quest for change and dignity, urging them to remain resolute amidst mounting pressure.
As the legal battle rages on, the fate of the country’s healthcare system hangs in the balance.
The forthcoming court hearing on April 17, 2024, is poised to be a pivotal moment in determining the course of action in this protracted dispute.
In the face of adversity, Dr. Mwachi’s rallying cry echoes the sentiments of many medical professionals across the nation stating, “It is time for us to stand together, strong and unyielding, against the forces that seek to deny us our dignity and fundamental rights. The time for change is now.”
KMPDU Issues Clarity Over Arrest of Their Leaders