End of doctors' strike: Key demands addressed in KMPDU- Gov't deal 

Following a lengthy 56-day strike by doctors countrywide, a substantial agreement was reached, addressing numerous demands initially tabled by the Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU).

The Union began their strike on March 14, 2024, protesting the government's non-compliance with the 2017 Collective Bargaining Agreement (CBA), which affected their labour conditions and compensation.

The long-standing protests led to the initiation of a ‘Whole of the Nation Approach' committee which brought together the Ministry of Health, the Salaries and Remuneration Commission and the Head of Public Service, to discuss the grievances of the medics.

Among the demands issued by the doctors in the strike notice included; settling seven years' worth of basic salary arrears, expediting promotions, recruiting more doctors to combat chronic understaffing, providing comprehensive medical cover, resolving salary delays, converting discriminatory contracts to Permanent and Pensionable terms, reinstating illegally dismissed doctors, facilitating specialised training, deploying medical interns, ensuring fair compensation for post-graduate doctors, and fostering continuous progressive labour relations.

However, after several failed negotiations, the Employment and Labour Relations Court ordered the union and the government to come up with an agreeable return-to-work formula by May 8, 2024.

New agreements

In the newly signed agreement, the parties have agreed that counties which have not promoted and re-designated doctors commence the process in accordance with the prevailing Public Service guidelines and policies within one month and complete the same by September 1, 2024.

On matters pertaining to the employment of doctors, the parties have agreed that county governments will recruit doctors based on the availability of resources and informed by the staffing norms and staff establishments.

The Council of Governors will also initiate and coordinate the process of negotiating a new CBA with each county within 30 days.

“Execution of the new CBA shall be signed within 90 days from the date of execution of this Return-to-Work-Formula (RTWF),” reads the agreement.

Additionally, immediate action has been directed towards counties that have not provided medical cover, requiring them to start the process of acquiring comprehensive medical insurance for doctors which should be concluded within 90 days.

The cover shall be as per the SRC and Public Service Commission guidelines on medical insurance.

“The doctors seconded from the Ministry of Health (MoH) to counties, be transitioned to medical cover enjoyed by other county public servants in accordance with the prevailing Public Service policies and guidelines,” reads the agreement.

In terms of basic salary arrears, counties shall make payments of the basic pay salary arrears accrued to the doctors as contained in the 2017-2021 СВА. The payments shall be made in a phased manner over five years.

“The County Governments shall make payments of the basic pay salary arrears accrued to the doctors as contained in the СВА 2017-2021, pursuant to the judgment delivered on October 28, 2021, in Employment and Labour Relations Petition No. 6464, upon receipt of a conditional grant from the National Treasury (who have committed to pay from July 1, 2024). The payment shall be made in a phased manner for five years (period subject to amendments upon discussions by MOH and NT),” reads the agreement.

County governments that have not remitted the medics' statutory deductions arrears have also been directed to do so immediately and not less than 30 days.

The parties also agreed that counties will continue to release doctors for postgraduate studies based on the 2017 CBA.

The policy on postgraduate studies will also be reviewed to align with the criteria for releasing doctors for postgraduate studies.

Further, county governments will also have to engage the National Treasury in the next 90 days for seed funding to enable them to set up car loans and mortgages for doctor’s schemes.

“The doctors will start applying for and accessing the facilities upon receipt of the funding by the National Treasury," reads the agreement.

Moreover, the terms of service for doctors employed by the county government shall be harmonised in accordance with existing legal and policy frameworks.

Despite the positive developments, the issue of medical intern deployment remained unresolved, hinting at potential future discussions.

The KMPDU has instructed its members to resume work immediately, in accordance with the agreement which states that no employee will be penalised for participating in the strike.