Doctors' strike: Inside the return-to-work formula rejected by KMPDU

The national and county governments had offered to settle the doctors’ arrears to the tune of Ksh.3.5 billion as part of the return-to-work formula to end the enduring medics’ strike.

The two levels of government had all but agreed on the points of contention with the doctors, save for the issue of medical interns.

The formula that was to be signed between KMPDU and the national as well as county governments would have been the culmination of a series of meetings called under the Whole-of-Nation approach to end the doctors’ strike that marked its 41st day on Tuesday evening.

"The doctors' union has backtracked on the return-to-work formula that had been mutually constituted," said Head of Public Service Felix Koskei.

The negotiations gave rise to two documents that the government had hoped would convince the striking doctors to once more grace the now-empty hospital wards and attend to patients in public health facilities.

In the return-to-work formula agreement seen by Citizen TV, the national government, represented by Ministry of Health, Kenyatta University Teaching and Research Hospital, Kenyatta National Hospital, Moi Teaching and Referral Hospital, Mathare and the National Spinal Injury Hospital had agreed to settle the outstanding salary arrears owed to national government employees, subject to KMPDU supplying the list of the doctors in 15 days, while the county government employees would be paid their accrued salaries amounting to Ksh.3.5 billion arising from the CBA of 2017 in five instalments starting July this year.

The government had also agreed to harmonise terms of service for doctors, settle the outstanding fees incurred by government-sponsored registrars from 2018 to date, provide comprehensive medical cover for national government employees and conclude pending CBAs as well as employ additional doctors.

“All county-raised issues relating to the CoG have been agreed upon and signed off,” said CoG Chair Anne Waiguru.

The return-to-work formula between the county governments and the KMPDU on the other hand had the counties committing to provide medical cover for their doctors, release doctors for post-graduate studies, employ more doctors based on availability of funds, initiate and co-ordinate the process of new CBA negotiations with county government.

The issue of car loans and mortgages had also been covered.

“Albeit reluctantly, county governments shall engage the National Treasury in the next six months for seed funding to enable the county governments to set up the scheme,” Waiguru added.

In return, the doctors were expected to call off the strike pending the determination of the contentious issue of interns posting and remuneration.

The national government’s return-to-work formula had registered the differing positions taken on the issue.

The government had stated that the issue be deferred and held in abeyance pending the determination of a court case, while the doctors insisted that the interns be posted and paid as per the terms of the 2017 CBA.

The doctors have however rejected the return-to-work formula on account that it was not only vague but non-committal on deadlines, as well as the non-resolution of what they have repeatedly started as a non-negotiable issue of interns.

“If the issue of intern doctors is not implemented as per the CBA, then we will be setting a precedent, other doctors' gains will not be guaranteed and we can't have that,” stated KMPDU Secretary General Dr. Davji Atellah.

The Council of Governors, however, says there is more than meets the eye in the doctors’ rejection of the return-to-work formula.

“When the employees walk away from the negotiation table called by their employers, it is not about resolving the issue, I read a lot of politics into this,” Governor Muthomi Njuki said.

While the doctors turned down the offer from the government, the clinical officers on the 23rd day of the national strike have equally refused the government’s offer to have them resolve their issue at the county level.

“We cannot have 47 different CBAs, the officers must operate under the same terms and conditions,” noted KUCO Secretary General George Gibore.