Labor Court Halts Planned Doctors' Strike



Last week, the Kenya Medical Practitioners and Dentists Union (KMPDU) issued a 7-day strike notice if the concerns raised by doctors were not addressed by the Ministry of Health. Health CS Susan Nakhumicha on Tuesday that same week while making a public address at Afya House pleaded with the doctors' union to call off the strike, asking them to embrace dialogue and give the ministry time to find a lasting solution to the issues currently bedeviling the ministry. 

READ ALSO: Be Patient as We Find Lasting Solution; Nakhumicha Tells Doctors

The nation-wide strike which was scheduled for Sunday midnight was announced yesterday, initiating after midnight Wednesday. 

However, the Employment and Labour Relations Court Wednesday stopped the planned strike. In response to a certificate of urgency submitted by James Kounah Advocate and backed by an affidavit from Jane Akunda, both dated March 12, 2024, Justice Byram Ongaya issued directives. 

Kenyatta National Hospital had filed a petition seeking to prevent doctors employed at the hospital from initiating a strike after the expiry of the seven-day strike notice. Despite the Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) remaining adamant about proceeding with the strike, the court intervened.

According to Justice Ongaya, the directives will establish a conducive atmosphere for discussions and consensus on essential services to continue in the event of a potential strike.

"Pending the return date or further orders by the court and pending the determination and filing of the agreement on the minimum safety services mentioned in order 2 above, there shall be stay of the taking effect of the strike notice and going on strike of the union's members as notified in the strike notice," read the orders. 

To address the deadlock, the court also instructed Florence Bore, the Cabinet Secretary for the Ministry of Labour and Social Services, to convene a tripartite meeting by noon on Thursday, March 14, 2024. This meeting will involve representatives from the Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU), officials mentioned as respondents, and public service employers identified in the union's strike notification.

KMPDU issued a seven-day strike notice to the government on March 6, and according to the union’s Secretary General, Davji Atellah, there has been no agreement reached on issues affecting healthcare workers nationwide.

Justice Ongaya took into account the need to balance the right to fair labor practices, including the right to strike, with the rights to life, the highest attainable standard of health, including healthcare services such as reproductive healthcare, and the right not to be denied emergency medical treatment.

He also considered the crucial health and medical services provided by KMPDU members, the disruption of which would jeopardize the lives, safety, or health of all patients and individuals seeking essential services from union members.





Davji Atellah on Wednesday said that despite their seven days' strike notice, the government has failed to address the troubles of healthcare workers.  

"Regrettably, the government has shown a lack of willingness to address these pressing concerns, leaving healthcare workers in a state of frustration and dismay. Therefore, it is with great disappointment that we announce the commencement of a nationwide strike starting from midnight today March 23, 2024," the SG said. 

Atellah accused the government of being hesitant to find a resolution, despite ongoing dialogue and negotiations.

Previously, healthcare workers had warned of a potential strike if the 2017 Collective Bargaining Agreement (CBA) remained unimplemented. The union has filed a petition against the government, the Salaries and Remuneration Commission, and two other entities.




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