Kituo cha Sheria now wants officials of the Doctors union compelled to explain why they should not be punished for disobeying a court order suspending the nationwide strike.
The NGO in a fresh application filed before the constitutional division in Milimani has asked the court to compel Dr Abidan Mwachi, Dr Davji Atellah and Dr Mercy Nabwire, who are the officials of the union, to give reasons as to why they have refused to comply with the order issued by Justice Byrum Ongaya of the Environment and Labour Relations Court.
Through advocate John Khaminwa, Kituo says the unions right to assemble, and demonstrate is limited as a result of the nature of their work as essential service providers.
The NGO explained that the strike was suspended by the courts but doctors have not returned to work.
Based on that, Khaminwa wants the officials of the union to give reasons as to why they should not be committed to civil jail for defying the directive of the court.
"The impact of the strike is overwhelming and is being felt across the country with many patients being left unattended or being turned away from hospitals," the NGO said through Khaminwa.
Khaminwa contends that the actions of the doctors and the state will lead to further violation of Kenyans' rights for the highest attainable health care and emergency treatment in situations which they have no control over.
The NGO has listed CS for Health, Kenya Medical Practitioners Pharmacists Dentists, Kenya National Union of Nurses, the Council of Governors and the Attorney General as respondents in the case.
CS Labour and Salaries and Remuneration Commission are listed as interested parties.
The doctors' strike has now entered its third week with doctors still vowing to continue with the industrial action until their demands are met.
KMPDU which represents over 7000 members went on strike on March 15 to demand payment of their salary arrears, provision of adequate medical insurance cover for themselves, and immediate hiring of trainee doctors (1,200 medical interns) among other terms of the Collective bargaining agreement entered in 2017 between the county governments and the union.
On Wednesday, Judge Byrum said the strike notice issued by the doctors union remains suspended.
He allowed an application by the Ministry of Health and other stakeholders that sought 14 days to conclude the negotiations and hopefully record consent in court.
The matter is scheduled for April 17 to confirm progress.
