Public sector call off strike after negotiations with government on transition to SHA

Public sector unions have called off their planned strike regarding the transition to the Social Health Authority (SHA) after reaching an agreement with the government.

The unions issued a 14-day strike notice on October 8, 2024, expressing concerns over the shift from the National Health Insurance Fund (NHIF) to the SHA, particularly due to the absence of a comprehensive coverage plan for public servants.

The unions reached this decision after their representatives signed the agreement on Wednesday with Cabinet Secretaries Justin Muturi (Public Service), Alfred Mutua (Labour), and Debra Barasa (Health) at Harambee House in Nairobi.

Kenya Civil Servants Union Secretary-General Tom Odege reiterated the unions' hesitance to initiate the strike action, noting that their goal was to prompt the government to address their concerns.

“It is not in our interest to call strikes, but we do so to make the employer respond to our concerns. The government has now responded, and we are therefore calling off the strike,” he said.

He highlighted the importance of health insurance for union members, noting their expectations for improved services under the new health scheme despite some challenges during the initial rollout.

In their strike notice, the unions raised multiple concerns, including the transition from NHIF to SHA without a comprehensive coverage plan, uncertainties regarding the future of NHIF employees, and an increase in monthly contributions to 2.75 per cent of gross salary without corresponding improvements in benefits.

As part of the agreement, the government committed to extending the comprehensive medical insurance scheme for public servants through SHA until November 21, 2024. The extension is in recognition of SHA taking over the obligations of the defunct NHIF.

“In addition, there shall be seamless access to the benefits by all public servants beyond November 21, 2024,” reads the agreement.

The pact also establishes an ad-hoc working committee to ensure a smooth transition for the staff of the defunct NHIF, in accordance with the Social Health Insurance Act, 2023, Employment Act, 2007, Labour Relations Act, and Collective Bargaining Agreements.

The agreement underscores the commitment to prevent any loss of jobs or benefits for NHIF staff, with all parties agreeing to undertake this process in good faith and to suspend any ongoing legal actions.

During the signing ceremony, CS Muturi expressed gratitude to the union leadership for their understanding. “We will work with everyone involved to ensure that all civil servants, who are entitled to a medical cover, receive seamless delivery of services.”

He urged the SHA management to address any challenges that arise during the transition from NHIF to maximise benefits for all Kenyans.

Labour CS Mutua stressed the necessity of resolving disputes through dialogue rather than strikes. He urged unions to formally declare disputes before initiating any strike action.

“I urge unions to declare a dispute before engaging in strike action. Matters can be better handled amicably. I will listen and will act as the intermediary between employers and employees,” he said.

Health CS Barasa reassured the public of the government's commitment to providing affordable, efficient, and accessible healthcare through SHA, stressing efforts to ensure a smooth transition from NHIF.

SIGNING OF MOU BETWEEN THE GOVERNMENT AND PUBLIC SECTOR UNIONS

Today, we took an important step toward improving the welfare of our public servants. Joined by the Cabinet Secretary for Health Debra Mulongo Barasa, the Cabinet Secretary for Labour Dr. Alfred Mutua, pic.twitter.com/yY6QCgGqhv

— Hon. Justin Muturi, EGH (@HonJBMuturi) October 23, 2024

Article 43 (1) (a) of the Constitution guarantees every Kenyan the right to the highest attainable standard of health, including access to promotive, preventive, curative, palliative, and rehabilitative services.

The Social Health Insurance Act aims to support this by establishing the Primary Health Care Fund, Social Health Insurance Fund, and Emergency, Chronic, and Critical Illness Fund, all managed under SHA.

According to the government, the Primary Healthcare Fund will provide free medical treatment for registered patients at dispensaries and health centres, while paid-up members will receive additional benefits, including enhanced outpatient, inpatient, and emergency care, as well as extensive provisions for mental health, critical illnesses, and major surgeries.

The Emergency, Chronic, and Critical Illness Fund will cater to severe health conditions like cancer, kidney disease requiring dialysis, and serious cases of high blood pressure and diabetes.

The agreement was signed by SHA Chairperson Mohamed Abdi and representatives from various unions, including the Kenya Electrical Trades and Allied Workers Union, Kenya Union of Clinical Officers, Kenya Union of Commercial Food and Allied Workers, Kenya Union of Nutritionists and Dietitians, Kenya Medical Practitioners, Pharmacists and Dentists Union, Union of Kenya Civil Servants, Kenya Environment Health and Public Health Practitioners Union, Kenya County Government Workers Union, Kenya National Union Medical Laboratory Officers, and the Kenya National Union of Nurses and Midwives.