CS Nakhumicha Threatens To Sue Doctors Who Fail To Call Off Strike

Nakhumicha revealed that the Ministry instructed its legal team to file a status report on what it had agreed with the doctors as a return-to-work formula.

CS Nakhumicha Threatens To Sue Doctors Who Fail To Call Off Strike
Health CS, Susan Nakhumicha speaking during the celebration of World Blood Donor Day at Ihura Stadium in Murang'a County on June 14, 2023. /MINISTRY OF HEALTH

Health Cabinet Secretary (CS) Susan Nakhumicha has announced that her Ministry will move to court in the event the Kenya Medical Practitioners and Dentists Union (KMPDU) does not call off the doctors’ strike which entered its 41st day on Tuesday, April 23.

In a press briefing, Nakhumicha revealed that the Ministry instructed its legal team to file a status report on what it had agreed with the doctors as a return-to-work formula.

She noted that as a government through the ministry, it has received a total of Ksh6.1 billion for the settlement of the issues raised by the doctors.

The Health CS also revealed that the Ministry would also demand that the court review previous orders issued to allow them to take action on the striking doctors.

Doctors during a past strike outside Afya House in Nairobi, Kenya. /FILE

“Following the doctors’ refusal to call off the strike, we have instructed our counsel to immediately move to court and file the status report as to what we had agreed to as a return-to-work formula,” the CS said.

“We will be asking our counsel to appeal to the court to review the orders that had been issued initially so that we are allowed to take necessary action to ensure Kenyans continue to enjoy healthcare services.”

Since March 14, the doctors have abandoned their duty stations and have been protesting the government’s failure to post medical interns and obey a 2017 Collective Bargaining Agreement (CBA) on doctors’ labour terms.

Laying out the progress of her ministry in attempts to convince doctors to go back to work, Nakhumicha said they have embarked on a review of the internship policy to align it with the inflow of interns.

She said the Ministry received Ksh3.5 billion in salary arrears accrued from 2017 to 2024 June, which will be paid in five instalments. Additionally, it received Ksh2.4 billion for payment of medical interns at the Ksh70,000 monthly rate which KMPDU has since turned down, demanding the Ksh206,000 set in the CBA.

She insisted that the offer was still available until the end of the 2023/2024 financial year in June when review negotiations can be held, stating “This offer shall have to be renegotiated after June 2024."

Further, Nakhumicha said the health ministry has received Ksh200 million for the payment of postgraduate arrears for doctors who have done speciality training.

This comes after the Council of Governors (CoG) chairperson Anne Waiguru lamented that KMPDU officials were a no-show on Monday when they were supposed to sign an agreement with the government during their meeting.

“We have been sitting here long days and we have gone a long mile, we have given in to everything and still we are at this place for no good reason and for that, every county would take the necessary action as they deem fit.

"It will not be specific to a county but I am sure you will be seeing necessary action as we go forward,” Waiguru stated.

Kirinyaga Governor Anne Waiguru speaking during discussions on the Division of Revenue Allocation (DORA) bill on April 23, 2024. /ANNE WAIGURU