Court Orders Striking Doctors To Go Back To Work & Handle Emergencies

The Employment and Labour Relations Court (ELRC) has directed Kenya Medical Practitioners, Pharmacists, and Dentists Union (KMPDU) doctors to go back to work and be present in public health hospitals to provide minimum safety services.

This is as the court extended its orders which suspended the nationwide strike, despite it running for more than a month (since March 13).

Justice Byrum Ongaya directed for at least two doctors per cadre; two medical officers, two dental officers, two pharmacists and at least two consultants to handle emergencies for all hospitals categorised as level 3, 4 and 5 until parties agree on a return-to-work formula.

For Kenyatta National Hospital, Moi Teaching and Referral Hospital and Kenyatta University Teaching and Referral Hospital, the judge said there should be at least 30 consultants, 50 medical officers, 10 pharmacists and three dentists on duty for each of the referral facilities.

Labour Cabinet Secretary (CS) Florence Bore meets KMPDU Secretary-General Davji Atellah at her office on April 15, 2024. /FLORENCE BORE

For Mathare Teaching and Referral Hospital, Justice Ongaya said there will be 10 consultants and three medical officers.

The Judge said the interim orders that were initially given for sustainable amicable solutions in the strike notice and reconciliation proceedings on the Collective Bargaining Agreement (CBA) and on minimum safety services shall remain in effect until the conclusion, in 30 days, of the conciliatory talks and filing of relevant reports.

In the prevailing circumstances, the Judge was categorical that there would be no intimidation or harassment of union officials or members on account of the dispute before the court.

He said any disciplinary cases being commenced or sustained should be suspended immediately to facilitate members of the union to render service unhindered. The matter is set for mention on May 23, 2024.

Earlier this week, Labour Cabinet Secretary (CS) Florence Bore urged KMPDU to consider restarting talks with the Ministry of Health to end the nationwide strike.

“The Employment and Labour Relations Court has given interim orders and parties must obey the orders. The Head of Public Service has taken action in complying with the orders and so must everyone else. The Court also directed the Conciliation Committee to continue with its work to assist parties in finding minimum safety service during industrial action.

“Parties should co-operate and act in good faith to find a settlement to these issues. The resolution of this dispute and a lasting solution can only be found through Social Dialogue and the sooner parties realize this the better,” read the statement in part.

The Labour CS pleaded with the doctors' union to suspend the ongoing strike to allow for negotiations to take place between the union and the government.

The doctors signed a contentious Collective Bargaining Agreement (CBA) with the Ministry of Health on June 30, 2017. The CBA states that the lowest monthly salary for a doctor intern stands at Ksh212,000, inclusive of allowances. 

On Thursday, April 11, Azimio la Umoja leader Raila Odinga pleaded with President William Ruto to reinstate the Ksh206,000 salary pay that intern doctors have been getting for the last seven years.