The Employment and Labour Relations Court Wednesday stoped the planned strike by Kenya Medical Practitioners, Pharmacists and Dentists Union’s (KMPDU)
The strike was to take effect after midnight Wednesday.
Principal Judge Byram Ongaya issued the orders on Wednesday March 13 in response to a certificate of urgency filed by James Kounah Advocate and supported by an affidavit from Jane Akunda, both dated March 12, 2024.
The Kenyatta National Hospital had moved to court seeking to stop doctors working at the hospital from going on strike, after the lapse of the seven day strike notice, even as KMPDU remains defiant that the strike will go on as planned.
The stay of the orders, according to Justice Ongaya, will create a favourable environment for negotiations and agreement on essential services to continue during a potential strike.
“Pending the return date or further orders by the Court and pending the determination and filing of the agreement on the minimum safety services mentioned in order 2 above, there shall be stay of the taking effect of the strike notice and going on strike of the union’s members as notified in the strike notice,” the orders read.
To resolve the impasse, the court also directed Florence Bore, Cabinet Secretary for the Ministry of Labour and Social Services, to call a tripartite meeting by noon on Thursday, March 14, 2024.
The meeting will include representatives from the KMPDU, respondent officials, and public service employers listed in the union’s strike notice.
KMPDU issued a seven day strike notice to the government on March 6, however according to union’s secretary –General Davji Atellah no consensus has been reached on issues affecting healthcare workers across the country.
Justice Ongaya considered the requirement to balance the enjoyment of the right to fair labor practices including the right to go on strike, the right to life, the right to highest attainable standard of health including the right to health care services inclusive of reproductive health care as well as right not to be denied emergency medical treatment.
He further considered the essential health and medical services provided by the members of KMPDU, the interruption of which would endanger the life, personal safety or health of all patients and persons seeking essential service of union members.
The meeting will include the representative from KMPDU, and public service employers listed in the union strike notice.
Also Read: KMPDU SG Davji Atellah Injured During Protests
KMPDU boss in a statement on Wednesday said that despite their previous seven days’ strike notice, the government has relented on addressing the plight of healthcare workers.
“Regrettably, the government has shown a lack of willingness to address these pressing concerns, leaving healthcare workers in a state of frustration and dismay. Therefore, it is with great disappointment that we announce the commencement of a nationwide strike starting from midnight today March 13, 2024,” said the Secretary General. Atellah blamed the government for its reluctance in finding a solution, despite their being a dialogue and negotiations.
“Within the seven days of the strike notice, the union has expressed a willingness to engage in a Dialogue. However, all we have witnessed is a lack of seriousness from the government coupled with a conspicuous absence of goodwill,” he added.
The medics had earlier threatened to down their tools if the 2017 Collective Bargaining Agreement (CBA) is not implemented.
In the petition the union, Salaries and Remuneration Commission and two others have been sued.
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