- During Wednesdays proceedings, the state had initially sought 30 more days to continue with the talks but the union as represented by Edgar Wachuka told the court meetings have not been happening as would have been expected.
- To demonstrate that in reality, nothing is happening, Wachuka said the two meetings happened 12 and 15 of April.
Image: FILE
The office of the Attorney General has taken an about turn and said they are willing to have a meeting with striking doctors in the next 24 hours.
The office of the AG has however said this will be on condition that the doctors suspend their nationwide strike.
Lead counsel Ochieng Oduol and Oscar Eredi told Justice Byrum Ongaya that the coordination will be done by the head of public services and all the issues raised by the striking doctors will be addressed.
KMPDU which represents over 7,000 members went on strike on March 15.
The move is to demand payment of their salary arrears, provision of adequate medical insurance cover for themselves, immediate hiring of trainee doctors (1,200 medical intern) among other grievances.
The terms are contained in the Collective bargaining agreement entered in 2017 between the county governments and the union.
During Wednesday proceedings, the state had initially sought 30 more days to continue with the talks.
The union which is represented by Edgar Wachuka however told the court meetings have not been happening as would have been expected.
"The employer has always placed a condition on meeting. Due to that condition no meeting has been happening. We are seeking a non conditional meeting with employer so that we have a return to work formula," Wachuka said.
He said since April 3 when they were last in court, they have only had two meetings.
To demonstrate that in reality nothing is happening, Wachuka said the two meetings happened 12 and 15 of April.
"Activities only happen when we are coming before you. Until the eve of these court proceedings, nothing happens,"said Wachuka.
He said there were no numbers of cadres and services being offered that was discussed.
"We have only seen one proposal from MoH which simply provides numbers and cadres but they don't indicate which services are emergency. Parties have not discussed that proposal from MoH which came on April 15," he said.
The advocate was however hard pressed to explain whether the doctors are on strike or not given the orders issued by the labor Court.
"But why are the doctors not at hospital?" the Judge asked.
"That's an issue of evidence. At this point is an allegation. My client have complied with order," Wachuka responded.
He proceeded to state that he cannot tell the court regarding status on the ground saying "I would have to ask my client".
"So, are they on strike or not on strike?" the judge asked.
"They have been holding protests," Wachuka said.
Wachuka further told the Judge he had not been served with any of the reports tabled in court by the Ministry of Health, whole nation report which indicates the minimum services and reconciliators report.
The court had directed tabling of these reports which reveal the status and condition of the negotiations.
He maintained that since April 3 when the parties were last before court, there has been no meeting at all between the whole of nation committee and the union.
But Kenyatta National Hospital as represented James Kounah said they have taken steps and attended the conciliations meetings
He said they have made some progress but have not been able to settle on financial issues.
He insisted that there should be 75 per cent doctors in hospitals as a bare minimum requirement for medics to be on strike.
"Although doctors have continued with their strike, we maintain we need 75 per cent members for minimum service," he said.
He added there has been no progress on this aspect and they have not agreed on a return to work formula.
Kounah said the matter needs to be expeditiously concluded to avoid loss of lives.
The court will render it's ruling at 3pm.