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    ICJ Kenya Urges SRC To Ensure Medical Practitioners Receive Fair Compensation Amid Impasse 

    KahawaTungu ReporterBy KahawaTungu ReporterMarch 29, 2024No Comments4 Mins Read
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    The ongoing nationwide doctor’s strike has shown no sign of ending amid the threat of a crippled health system and continuing plight of patients.

    A Whole-Of-Nation approach Committee including the doctors, the Ministry of Health (MOH), the Council of Governors (COG), the Public Service Commission, the Salaries and Remuneration Commission (SRC), Ministries of Labour and Social Protection, National Treasury, and the Head of Civil Service convened to address the crisis has proved futile so far.

    Accusations have been traded between the government and the Kenya Medical Practitioners,Pharmacist and Dentists Union (KMPDU), with the latter accusing the state off being insincere and lacking commitment aimed at ending the industrial strike.

    As such,the Kenyan Section of the International Commission of Jurists (ICJ Kenya) has called for an urgent resolution of the health crisis in the country owning to the doctors strike and NHIF cash crunch.

    “We, a collective body of Jurists, are deeply concerned about the ongoing doctor’s strike that is causing untold suffering to a majority of the Kenyan population who rely on public health facilities.The nationwide strike has disrupted health service delivery in public hospitals countrywide, stranding patients who cannot afford health care in private facilities,” said ICJ Kenya Council Chairperson Protas Saende.

    KMPDU strike began on 14th March 2024 following the lack of consensus with the government on issues affecting healthcare workers, including the implementation of the 2017 Collective Bargaining Agreement (CBA), posting of medical interns, comprehensive medical cover, postgraduate training, and employment of doctors.

    The doctor’s strike comes at a time when the government is transitioning from the National Health Insurance Fund (NHIF) to the Social Health Insurance Fund (SHIF) established in 2023.

    Health facilities have raised concerns over the delay in the payment of NHIF claims. Some private health facilities have been compelled to require NHIF beneficiaries to pay out of pocket for medical services, which is not affordable for the majority of Kenyans.

    “For instance, the Kenya Healthcare Federation issued a notice that its member hospitals will adopt a cash-only basis for all NHIF clients amid delays in reimbursements by the public insurer,” observed Saende who further stated, “Kenya continues to grapple with challenges in the health sector, including issues of poor health staff management characterised by failure to honour CBAs resulting in frequent strikes, inadequate health financing to ensure appropriate and sustainable funding for universal health coverage (UHC) and the lack of a comprehensive social health insurance scheme to protect and cushion vulnerable households from the risks of catastrophic health expenditures.”

    ICJ Kenya has now made several recommendations aimed at resolving the impasse, including, calling on the Salaries and Remunerations Commission (SRC), National and County governments, and KMPDU to approach the negotiations with clean hands and good faith for the good of all Kenyans and the welfare of healthcare workers.

    “We urge the SRC, the National Government, and the County Governments to acknowledge and ensure that healthcare workers, including medical interns, receive fair and competitive compensation that recognises their training, expertise, and nature of work. Adequate pay will also help curb the brain drain witnessed in Kenya despite the significant investment in training doctors, nurses, clinical officers, and other healthcare workers,” added Saende.

    All parties including the state actors in the National and County governments, have been urged to honour all agreements resulting from all concluded negotiations and all court orders resulting from adjudication processes.

    “We call upon the National Treasury, NHIF, and the Ministry of Health to ensure the immediate release of funds owed to public and private health facilities by NHIF so that beneficiaries continue to receive the health insurance they are entitled to,” asserted Saende.

    The doctors strike has entered its 15th day.

    Some of the issues that the doctors want addressed by the government are the posting of interns and their salaries, Collective Bargaining Agreement and counties to harmonise doctors’ pay.

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    Doctors' strike ICJ Kenya Salaries and Remuneration Commission
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