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Doctors' strike: State says deal signed despite KMPDU walkout

Government representatives, led by Health minister Susan Nakhumicha, sign a rteturn-to-work formula to end the doctors' strike, following failed talks at the KICC in Nairobi on May 3, 2024. (Photo: Health ministry)

By Hanifa Adan | 04 May 2024

CS Nakhumicha urges the KMPDU "to do the honourable thing and call off the strike that has, on several occasions, been declared illegal."

Health Cabinet Secretary Susan Nakhumicha says she and other government representatives have signed a return-to-work formula to end the doctors' strike that began on March 15, 2024, despite another round of failed talks.

Nakhumicha reported this via Twitter on Friday night, even though negotiations between the government and the doctors' representatives, led by the Kenya Medical Practitioners, Pharmacists, and Dentists Union (KMPDU), were aborted prematurely.

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Doctors walked out of a meeting at the Kenyatta International Convention Centre (KICC) in Nairobi, at which they were to sign the agreement, after they found that the document presented for signing remained unchanged on critical issues, including internships for medical graduates.

Prior discussions had reportedly resolved 17 out of 19 contentious issues, and this meeting aimed to find consensus on the remaining two.

Later on Friday, however, Nakhumicha said she signed the formula along with Head of Public Service Felix Koskei, Labour and Social Protection Cabinet Secretary Florence Bore, and Solicitor-General Shadrack Mose.

She noted that this complied with a High Court ruling that required them to finalise and sign a return-to-work agreement by Monday, May 6, 2024.

"I once again reiterated the ministry's commitment to continue to find a permanent and sustainable solution to the Human Resources for Health (HRH) challenges that have perennially affected service delivery to Kenyans, thus scuttling the implementation of Universal Health Coverage," the CS said.

"I take this opportunity to laud all our healthcare personnel, including doctors, nurses, and other cadres, who continued to serve patients even as KMPDU persisted with their industrial action. Their devotion in difficult moments is a true commitment to service."

Nakhumicha urged the KMPDU "to do the honourable thing and call off the strike which has, on several occasions, been declared illegal by the Industrial and Labour Relations Court."

In his statement, Koskei says he convened a meeting in line with the whole-of-nation approach, in compliance with a court order issued on Friday, but that the doctors' union declined to sign and introduced new issues contrary to the directive.

"They, therefore, stated that they will only sign on Monday when their fresh demands are incorporated," he said, noting that the Health ministry and the Council of Governors (CoG) proceeded with the signing and directed lawyers to file the same in court on Monday as ordered by the court.

KMPDU representatives were not immediately available for comment on this latest development.

In his reaction, Chibanzi Mwachonda, the union's former secretary-general, noted that a return-to-work formula "is a deed of agreement between the parties involved in the labour dispute", so the ministry cannot purport to sign it alone.

"This communication is misleading to the public and contradicts the statement by the Head of Public Service on the status of the dispute and the negotiations," he said.

" This circus of unilateral decision-making, that led to this strike, needs to end," he added, noting the public need proper health services.

Madam CS, in Employment and Labour Relations a Return to work Formula is a deed of agreement between the parties involved in the labour dispute.

The ministry @MOH_Kenya cannot end a strike unilaterally, the union @kmpdu must be agreeable to the contents of the RTWF ✍️. Your… https://t.co/haqc77iCb9
— Chibanzi Mwachonda 🇰🇪 (@CMwachonda) May 4, 2024