Doctors' Strike: High Court intervenes, sets staffing requirements in hospitals

The High Court has issued a directive to both the doctors' union and their employers, mandating that all level 3, 4, and 5 hospitals must maintain a minimum staffing level to ensure essential services at hospitals during the ongoing strike.

Justice Byram Ongaya ordered that the hospitals should have at least two doctors per cadre, two medical officers, two dental officers, and two pharmacists to provide minimum safety services for patients during the ongoing strike.

Justice Ongaya's ruling also extends to national teaching and referral hospitals, stipulating specific staffing requirements to prevent significant patient fatalities and suffering.

The national hospitals, including Kenyatta National Hospital, Moi Teaching and Referral Hospital, and Kenyatta University Teaching, Research, and Referral Hospital, shall have at least 30 consultants, 50 doctors, and 10 pharmacists available around the clock.

The Mathari National Psychiatric Hospital shall have at least 10 consultants on duty to serve patients at the special facility, according to the judge.

These directives come in response to concerns raised by the government regarding the potentially devastating impact of the ongoing doctors' strike on patient care.

Justice Ongaya emphasised the importance of compliance with these orders, warning that failure to do so would result in the suspension of the strike notice issued by the doctors' union.

However, the court also imposed restrictions on the government, prohibiting interference with the employment terms of striking doctors and their officials until a Memorandum of Understanding (MoU) is reached.

"Any disciplinary proceedings being commenced or continued, as flowing from this strike notice, and subsequent events be stayed for three weeks to facilitate the members of the union to render services as employed unhindered until parties agree on a return to work formula and an MoU on minimum safety services in that regard," said Ongaya.

The judge also suspended any revisions for variations in employment terms, and disciplinary actions against any doctors or their union officials under the ongoing negotiations, as may be appropriate.

Ongaya restrained the government from intimidating and harassing the doctors' union's officials or members on account of the dispute before the court, pending negotiations.

To facilitate a resolution, Justice Ongaya mandated the Whole of Nation Approach Committee to convene a meeting without preconditions to establish a return-to-work formula by Friday, April 19.

The committee comprises officials from the Kenya Medical Practitioners and Dentists Union (KMPDU), representatives of the Salaries and Remuneration Commission, the Public Service Commission (PSC), the Council of Governors (CoG), and all county governments.

The committee also has representatives from the government through the Ministries of Labour, Health, National Treasury, and Public Service, as well as the national teaching and referral hospitals.

They were ordered to negotiate in the utmost good faith towards compromise and in the best interests of the full resumption of health services in all public health facilities.

Ongaya said the interim orders previously given with respect to the Whole of Nation Approach for the sustainable amicable resolution of compromise of issues in the strike notice and conciliation proceedings on the next collective bargaining agreements (CBA) shall continue until May 17.

The orders included a provision of relevant data towards a memorandum of understanding on minimum safety services in the event of a medical doctors' strike.