Reprieve as labour court temporarily suspends doctors' strike
By Joseph Ndunda |
KNH had sought orders to stop the industrial action to allow a conciliation between the KMPDU - the doctors' union and their employers within 30 days.
The high court has suspended the doctors' strike until March 20 to allow reconciliation between the doctors and their employers.
The industrial action was stopped by Justice Byrum Ongaya of the Employment and Labour Relations Court.
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Kenyatta National Hospital on Tuesday sued to stop the strike to save patients that would have been affected. KNH wanted the court to order the doctors into the talks to set agreements that will ensure patients don't die in the hospital due to a lack of medical services due to the strike.
The hospital wanted the Kenya Medical Practitioners, Pharmacists, and Dentists Union (KMPDU)— the doctors' union— to be ordered into negotiations to commit to ensuring that there shall be provision of essential services during the strike to ensure the safety of patients.
Ongaya has ordered a meeting between the hospital management and officials of KMPDU, which happened on Thursday.
KMPDU lawyer Edgar Washika told the court that the meeting happened, but nothing meaningful was agreed upon.
KNH's lawyer, Beatrice Wanjiru, sought an extension of the stay orders for 30 days to allow the reconciliation process to continue, which Washika opposed.
Ongaya expanded the conciliation committee that will negotiate with KMPDU to include cabinet secretaries for Health, Labour, Public Service and Treasury.
The judge also said the Public Service Commission (PSC), county governments, and the attorney general were to be included in the committee.
Lawyer Washika had opposed the extension of the period for reconciliation, saying all the issues in the proposed negotiations had been discussed and agreed upon.
Washika said most of the things at hand had been discussed and agreed upon, and an implementation matrix was prepared indicating what should be done at what time, and the petitioners - KNH and the rest signed it.
He said there's nothing new to discuss, and giving this period sought by Wanjiru is allowing KNH, county governments, and the Ministry of Health to continue taking doctors in circles while avoiding implementation of what was agreed upon more than two years ago.
Washika added that the KNH and the other employers didn't provide what they consider minimum safety services and instead, maintained that all hospital services are essential, asking the court to allow the strike.
However, Ongaya allowed the reconciliation process in the interests of patients.
"We do not want a strike to take place in this country, and patients are left unattended," the judge said.
Labour Commissioner Helen Apiyo told Justice Ongaya to consider that the reconciliation process involves different government agencies and that there's a need for both reconciliation and implementation processes to be financially facilitated, which must follow accounting procedures.
The hearing of the matter resumes on March 20, when the reconciliation committee led by Linus Kariûki will table its report in court before further directions are issued.
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