High Court orders Gov't, doctors to sign return-to-work formula by Monday

The High Court has directed the government and the striking doctors to sign a return-to-work formula to be adopted by the court on Monday, May 6, 2024.

The Employment and Labour Relations Court declined to order the Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) to call off the ongoing strike before signing a return-to-work formula as requested by the government. 

Justice Byram Ongaya directed the two parties to set aside the issue of remuneration of intern doctors saying the case is already before an Eldoret court. 

This as the Council of Governors (CoG) on Thursday appeared before a joint Parliament sitting of the health committee alongside KMPDU, Kenya Union of Clinical Officers (KUCO) and the Kenya National Union of Medical Laboratory Officers (KNUMLO) to try and unlock the stalemate that is now on its 50th day.

During the court hearing, Counsel James Ochieng who represents the government accused KMPDU of disowning a document drafted during the negotiations that was to be adopted as a return-to-work formula.

On their side, KMPDU through their counsel Edgar Washika argued that the document was just a draft that was to be subjected to ratification by the union’s National Executive Council but was shot down due to failure to meet their demands.

Appearing before the Joint Parliamentary Committee on Health, KMPDU insisted that the document from the negotiations is incomplete and cannot be a return-to-work formula, adding that several issues are pending from the strike notice.

“KMPDU is telling us we need to employ more doctors before they go back to work...if the counties have already agreed to employ more doctors, what kind of action do they want before they go back to work?” Posed Tharaka Nithi Governor Muthomi Njuki.

KMPDU Secretary General Dr. Davji Atella said: “Some parts of the document were not agreeable to the union, particularly on the issue of employment of doctors. When you say we will employ more doctors or we will endeavour to employ, it becomes a blank statement that mirrors the agreement we had last year where the counties promised to employ doctors… so the union was of the opinion that there should be a particular number of doctors and in case they need funds they will get it from the national government and timelines for that engagement.”

Clinical officers, on their part, are accusing the government of what they say is a lack of commitment saying since 2020 when they were asked by the court to come to the table, no county representation has ever attended.

“The county secretaries, the public service boards were invited, the letters were served to the individual counties, but there is no county that appeared...we do not actually understand what the Chair CoG means by the fact that we continue with conciliation while actually there is no conciliation they have ever attended since we run into a dispute,” KUCO Chairperson Peter Wachira stated.

The committee was keen to understand the number of pending issues between the union and the government.

“When you walk into a dispute resolution, everybody brings a list of issues, we generate agreed issues then we say tick number 1, 2. So if there were two issues, first of all, is it two issues or those were political statements?” Nairobi Senator Edwin Sifuna noted.

Dr Atellah responded: “Chair, the reality is this particular document was a process and some of the issues on the strike notice were not captured here and that's why there was contention and that's why it was not completed... if you look at it, it was not signed.”

The CoG will be meeting KMPDU, KUCO and KNUMLO on Tuesday to agree on a return-to-work formula.