Court Halts Planned Doctors' Strike At Last Minute
This is after the Kenyatta National Hospital had moved to court seeking to bar doctors working at the hospital from going on strike
Marvin Chege 
The Employment and Labour Relations Court (ELRC) has placed a stay order on plans by the Kenya Medical Practitioners Pharmacists and Dentists Union (KMPDU) to stage a strike, hours before the strike takes effect after midnight.
Principal Judge Byram Ongaya issued the orders on Wednesday, March 13 following a certificate of urgency filed by James Kounah Advocate and supported by an affidavit from Jane Akunda, both dated March 12, 2024.
This is after the Kenyatta National Hospital had moved to court seeking to bar doctors working at the hospital from going on strike, after the lapse of the 7-day strike notice. It is despite KMPDU remaining defiant that the strike will go on as planned.
Judge Ongaya explained that the stay order would allow a favourable environment for negotiations and agreement on essential services to continue during a potential strike.
KMPDU SG Davji Atellah during protests in Nairobi on Thursday, February 29, 2024. /KMPDU
"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 a stay of the taking effect of the strike notice and going on strike of the union's members as notified in the strike notice," the orders read.
In a bid to resolve the standoff between the doctors and the government, the court directed Florence Bore, Cabinet Secretary for the Ministry of Labour and Social Services, to call a tripartite meeting by noon on Thursday, March 14, 2024.
The meeting will include representatives from the KMPDU, respondent officials, and public service employers listed in the union's strike notice, to negotiate and reconcile the grievances raised in the strike notice, particularly those concerning minimum safety services during a potential strike.
KMPDU affirmed its decision to initiate the strike, citing unresolved grievances and the absence of constructive dialogue with the government. This is despite the risk of paralyzing health services in the country.
The core demands of the medics revolved around the hiring of intern medics and the allocation of resources towards the health sector.
KMPDU set forth a demand for the government to allocate at least 15 per cent of the annual budget to health, a target yet to be met.
KMPDU Secretary-General Davji Atellah in a statement on Wednesday said that despite their previous seven days’ strike notice, the government has relented on addressing the plight 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 13, 2024,” said the Secretary-General, further blaming the government for its reluctance to find a solution, despite their being a dialogue and negotiations.
“Within the seven days of the strike notice, the union has expressed a willingness to engage in a Dialogue. However, all we have witnessed is a lack of seriousness from the government coupled with a conspicuous absence of goodwill,” he added.
Health Cabinet Secretary (CS) Susan Nakhumicha had previously moved to quell tensions that arose regarding the deployment of medical interns, urging doctors to remain patient as the ministry works towards a lasting solution.
“My call to the unions is to allow a discussion and conversation to take place. There are many things that we need to discuss and a strike will not resolve. A solution will only be found when we sit at the table and discuss it as stakeholders,” she stated.
Nonetheless, she acknowledged the delay and assured that efforts are underway to address the concerns raised by doctors.
