State, medics get court ultimatum over strike truce

The government and the striking doctors have until 2.30 pm tomorrow to reach a return-to-work agreement failing which the court would decide on the way forward.

Employment and Labour Relations Court Judge Justice Byrum Ongaya directed all the parties...the Kenya Medical Practitioners and Dentists Union (KMPDU), Council of Governors and the national government to strike a deal before tomorrow.

Justice Ongaya expressed concerns that every time the talks are convened with a view to striking a deal, one of the parties fails to show up.

“I hereby direct that all the parties involved must convene a meeting urgently and agree on the return to work formulae by Wednesday 2.30pm failure to which this court would have no option other than making the decision,” Justice Ongaya observed.

Negotiation table

Reacting to the court’s directive, the doctors gave the government a 48-hour ultimatum  to back  to the negotiation table for final talks  on the contentious issues in the unresolved 2017 Collective Bargaining Agreement.

This was after the Employment and Labour Relations Court issued a similar ultimatum for the doctors, especially those working in public health facilities, to sign a Return-To-Work-Formula or risk being sacked.

However, the doctors indicated they are ready for a meeting with the government to end the 53-day stalemate that has seen them stay away from work over unresolved issues in the CBA in question.

The doctors said this  can only be possible if the government side drops the hard-line stand that has taken precedence from the first day of engagement with the doctors on the contentious document.

“If they call a meeting within 48 hours, and come with an open mind to settle the issues, we guarantee our audience,”  KMPDU  Secretary General,. Dr. Davji Atellah told journalists.

“However, if it will be business as usual, in what we have been subjected to since the talks began, being treated to chest thumping, intimidation and threats, then let them forget about it,” Dr Atellah said yesterday  hours after the Court directive.

He argued that the same Court had directed the two parties to sit down and come up with an agreeable way forward on the stalemate, but the Union feels that the government side is playing games, with the intimidation card on the table.

Reach agreement

“The Court directed the government and us to negotiate and reach an agreement on this issue, but for them it has been …..it’s  a return to work formula or nothing. This doesn’t augur well for the negotiations,” Dr Atellah said.

“But if the government comes with goodwill, we will discuss. On the similar condition, if they come with a stone heart, we will have no option, but to proceed with the strike, after our submissions to the Court,” added Dr. Atellah.

Asked about yesterday’s Court ruling by Justice Byrum Ongaya, KMPDU deputy Secretary General, Dr. Dennis Miskellah dismissed the directive, and suggested that the state was arm-twisting the Judiciary to make the decision on their behalf.

He called on the Employment and Labour Relations Court to stick to the earlier directive, which was agreeable to the doctors, for the two parties to negotiate and agree.

“We don’t care what their ultimatums are, what we want is the implementation of the issues raised in the CBA, which the government signed. That’s all that matters,” said Dr. Miskellah, emphasising the doctors are determined to protect their profession and have it respected.

Among some of the sticky issues in the CBA that have resulted in the stalemate is the delayed internship posting.

The medics argue that due to this , the point of divergence is that the CBA 2017 takes precedence over the unilateral decision by the Salaries and Renumeration Commission (SRC) circular of 13th March 2024. The doctors argue that  the CBA 2017 as registered in Court on 27th July 2017 (CA 182/2017) was concluded jointly by the Unions for  all Public Service Employers and the SRC issued a Letter of “No Objection” after conducting a comprehensive job evaluation.

“The impugned SRC circular of 13th March 2024 has been stayed by the Employment and Labor Relations Court at Eldoret in Petition E003 of 2024 on 18th April 2024,” say the doctors in their Strike Summary as of 5 May 2024.

The Union wants the interns posted as per the currently existing CBA signed in 2017 with a gross rate of Sh206,000 covering basic salary and allowances (ArticleIV KMPDU vs MOH CBA), while the government side is stuck to the new SRC circular of 13th March 2024 at an all-inclusive gross salary of Sh70,000.