A Nairobi court on Wednesday evening sought to broker a temporary deal between Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) and the government.

This move averted the planned doctors’ strike that would have led to massive disruption of healthcare services across the country.

Employment and Labour Relations Court Judge Justice Byram Ongaya in a bid to resolve the impasse issued orders suspending the doctors’ strike that was expected to kick off yesterday saying the same would cause major disruption for hospitals and patients and it was prudent a solution is sought as KMPDU and the state argue their case in court.

“Pending inter-partes hearing and further orders by the court, l directed Florence Bore, Cabinet Secretary for the Ministry of Labour and Social Services to convene a meeting by noon on Thursday, March 14, 2024, a tripartite meeting of the parties herein, with a view of amicable consideration in good faith, negotiation and conciliation of the grievances outlined in the strike notice, and, in particular, for the petitioner (Kenyatta National Hospital) and the other mentioned employers and the union to agree upon and determine minimum safety services of the members of the union,” the Judge ordered.

The meeting was to be attended by representatives from the KMPDU, Kenya Union of Clinical Officers (KUCO), the Kenya National Union of Nurses (KNUN), and the Kenya Union of Nutritionists and Dietitians, Labour CS, Salaries and Remuneration Commission (SRC) and public service employers including KNH listed in the union’s strike notice.

Awaiting the outcome of the talks and determination of the suit to resolved the stalemate, Justice Ongaya also ordered all health workers to continue working without any intimidation, harassment, victimisation or discrimination on account of the strike notice issued by their union KMPDU dated March 6, 2024, and, with full prevailing contractual benefits.

The mediation directive stemmed from a lawsuit filed by Kenyatta National Hospital seeking to stop doctors working at the hospital from going on strike, after the lapse of the seven-day strike notice issued by  KMPDU.

The orders, according to Justice Ongaya, will create a favourable environment for negotiations and agreement on essential services to continue during a potential strike.

Called for dialogue

While halting the doctors strike and calling for dialogue between KMPDU and the state, Justice Ongaya stated that he had considered the requirement to balance the enjoyment of the right to fair labour practices including the right to go on strike, the right to life, the right to the 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. “Pending the return date or further orders by the Court and pending the determination and filing of the agreement on the minimum safety services, 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.

Further, the Judge directed the case be mentioned today March 15,2024 at 9.30am for recording of consent or compromise if any would have been reached between the health workers union officials and the government.

Ahead of the ruling, KMPDU Secretary General Davji Atellah had on Wednesday afternoon declared the planned industrial action was still on.

Atellah stated that despite being open to negotiations with the government, they had not reached a consensus to address 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 March 13, 2024,” the Secretary-General had announced

Atellah blamed the government for its reluctance in finding a solution, despite their being a dialogue and negotiations.

The core demands of the medics revolve around the hiring of intern medics and the allocation of resources towards the health sector.

KMPDU has set forth a demand for the government to allocate at least 15 per cent of the annual budget to health, a target yet to be met.