Court gives doctors, state more time for talks to end strike

Judge gives parties 14 more days to expeditiously proceed, record a settlement in court

In Summary
  • The Ministry of Health as represented by Counsel Mmene Eredi requested more time to conclude the talks.
  • The doctor's union asked the court to compel all relevant parties to appear in the talks.
Doctors march on Ngong Road to the Ministry of Health over the posting of interns on March 22, 2024.
Doctors march on Ngong Road to the Ministry of Health over the posting of interns on March 22, 2024.
Image: FILE

The Ministry of Health has sought 14 more days to continue negotiating with doctors in a bid to end the countrywide strike.

A request that was granted by Justice Byrum Ongaya after hearing from all parties.

Ongaya gave the reconciliation and negotiation proceedings another chance. He gave parties 14 more days to expeditiously proceed and record a settlement in court.

The strike notice issued by KMPDU he said will remain suspended on condition that parties conclude and file in the court the Memorandum of Understanding on minimum safety services in the event of a strike by doctors in public health institutions.

"Let us know how many doctors, in what cadres and their numbers. Like KNH and other public institutions because we may be talking about minimum services that don't exist at all. Let this information be filed in court," the judge said.

When the matter came up for a mention on Wednesday, the Ministry of Health as represented by Counsel Mmene Eredi requested more time to conclude the talks and further file a formal report indicating the progress made and steps undertaken to meet most of the union's demands.

He told the court that they have made a proposal for minimum services and they are still willing to engage in good faith.

On the other hand, Kenyatta National Hospital which filed the case challenging the strike had told he court that they don't have the luxury of two weeks as people are losing their lives.

In a rejoinder, the doctors' union represented by Edgar Washika said they cannot provide minimum services to be offered if they don't know the number of employees in the sector.

Washika said the doctor-to-patient ratio is skewed in that on a typical day there are no minimum services because of the understaffing. "That is one of the major issues because some hospitals are unmanned as there are no doctors," he said.

They asked the court to compel all relevant parties to appear in the talks. He said only MOH, KNH, MTRH were present in the meetings they have had so far. Counties he said have refused to participate in the process.

But the Council of Governors defended themselves saying they have participated ld fully in the negotiations and process but they are yet to reach an agreement.

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