- The scrapping was effective January 1, 2023, following an advisory by SRC to the Health CS Susan Nakhumicha and the Public Service Commission.
- Justice Chemtai certified the matter as urgent and the parties are set to appear in court on January 25, for further direction on the same.
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KMPDU has sued the Salaries and Remuneration Commission, the ministries of Health and Labour, and the Attorney general for scrapping off their non-practice allowance.
In Court documents seen by the Star, Kenya Medical Practitioners and Dentists Union wants the Labour court to stop implementation of the same.
Non-practice allowance is given to compensate medical practitioners, pharmacists and dentists.
They are given for the income they forego/lose by working in the public sector and to bring them and par with their counter-parts in private practice.
"A declaration that the impugned letter by the Salaries and Remuneration Commission Reference No. SRC/TS/15 VOL. II(1) and dated November 25, 2022, to the extent of its reference to Nonpractice Allowance, infringes and/or threatens to infringe the rights of the petitioner and those of its members guaranteed under articles 10,19,40,41 and 47 of the Constitution of Kenya and is therefore null and void," reads the documents.
"An order of prohibitory injunction barring the respondents and interested parties herein from implementing."
The scrapping was effective January 1, 2023, following an advisory by SRC to the Health CS Susan Nakhumicha and the Public Service Commission.
In the matter filed before Lady Justice Stella Chemtai on January 19 under a certificate of urgency, the doctors accuse SRC of not consulting their union as the law requires.
KMPDU said they only learnt of the advisory through the media.
They said negotiations for the next Collective Bargaining Agreement are coming and the salaries commission was using the directive to deny them the right to negotiate.
"It is clear that by publishing the advisory and only addressing it to the 1st to 47th interested parties, who are the employers of majority of the petitioner’s members, the 1st respondent is setting the stage for a gridlock during the next phase of CBA negotiations by denying us the right to freely engage in collective bargaining as provided under article 41(5) of the Constitution."
SRC did not also conduct public participation in the review as required by the law.
Justice Chemtai certified the matter as urgent and the parties are set to appear in court on January 25, for further direction on the same.
This comes even as the doctors union continues to engage relevant government agencies over the implementation of the 2017-2021 CBA.
KMPDU has been meeting various stakeholders including Health CS Nakhumicha, the council of governors representatives and other relevant departments among others.