Labour Court Order: KMPDU Striking Doctors Must Return to Duty
On Wednesday, the Employment and Labour Relations Court instructed doctors from the Kenya Medical Practitioners, Pharmacists, and Dentists Union (KMPDU) to resume work immediately to address emergencies.
Judge Byrum Ongaya’s decree mandates the Kenya Medical Practitioners, Pharmacists, and Dentists Union (KMPDU) to guarantee the presence of doctors from various levels in public hospitals to address emergencies. This ruling effectively concludes the strike initiated by doctors on March 13th.
The Judge was notified that an agreement had been reached between the government and the physicians to resume work within a month.
The legislators pressed the Health Cabinet Secretary on Wednesday, demanding an explanation for the government’s failure to resolve the Collective Bargaining Agreement (CBA) issue. However, the CS maintained that at the national level, the government has fulfilled its obligations, particularly in addressing the doctors’ demands outlined in the 2017 CBA.
The confrontation has escalated between the central and regional administrations and the Kenya Medical Practitioners, Pharmacists, and Dentists Union (KMPDU), exacerbating the healthcare dilemma.
The core of the disagreement centers on a 2017 Collective Bargaining Agreement (CBA) that the physicians argue the government hasn’t upheld.
Despite the government’s claim of being financially constrained to fulfill the doctors’ requests, Health Cabinet Secretary Susan Nakhumicha stated that talks are in progress for a new Collective Bargaining Agreement (CBA).
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During the Senate inquiry, CS Nakhumicha indicated that the government is prepared to engage in negotiations, as the agreement from 2017 is now deemed expired.
Nevertheless, there have been accusations against the government suggesting that they signed the initial agreement under pressure, which has added complexity to the ongoing negotiations.
Dr. Davji Atellah, the KMPDU Secretary General, has vocally criticized the government’s stance on financial limitations, suggesting that officials should reconsider their salaries before declaring a fiscal crisis in healthcare. “We are ready to get into this balloon and burst with it,” Atellah stated, emphasizing the doctors’ determination.
In a meeting with union leaders last year, including those from the Treasury, Nakhumicha reiterated the government’s commitment to implementing parts of the CBA signed for the period 2017-2021. This includes the payment of basic salary arrears and providing comprehensive medical cover for healthcare workers under the national government.
Yet, the national government has offloaded some responsibilities to the counties, leading to a fragmented response.
The Council of Governors (CoG), chaired by Anne Waiguru, has resisted taking on the financial burden of the 2017 CBA, arguing that it would set a precedent affecting all county employees.
Waiguru pointed out that for the counties to carry out the CBA, more funding from the national treasury is required. “The ripple effect on all civil servants’ basic pay is untenable without further support,” she stated.
Despite the apparent deadlock, the government and counties face increasing pressure as the strike continues. The Council of Governors announced they will take disciplinary actions against striking doctors. Some counties like Nyeri have already fired 60 doctors.
Labour Court Order: KMPDU Striking Doctors Must Return to Duty