• The government has repeatedly said it does not have money to pay the doctors.
• President William Ruto said the government cannot afford to give in to the doctors' demands at the moment.
Image: FILE
The High Court yesterday ordered doctors to report back to work to handle emergency cases pending the outcome of their union's negotiations with the government.
Justice Byram Ongaya of the Employment and Labour Relations Court in Nairobi directed that at least two doctors in every cadre be at all hospitals categorised as level III, level IV and level V.
These are health centres, subcounty hospitals and county referral facilities.
For national teaching and referral facilities like Kenyatta National Hospital, the judge directed that there shall be at least 30 consultants, 50 medical officers, 10 pharmacists and three dentists designated to be on duty at each hospital.
At Mathare National Teaching and Referral Hospital that majorly deals with mental cases, the judge ordered that there be 10 consultants, three medical officers, three pharmacists and three dentists. At National Spinal Injury Hospital, there will be 10 consultants, three pharmacists and one dentist.
At the health centres, subcounty and county referral hospitals, there shall be at least two doctors per cadre, two medical officers, two dental officers and two pharmacists, and at least two consultants designated to be on duty to handle emergencies.
"And in the best interest of full resumption of health services in all facilities, the interim orders suspending the strike will remain as reconciliation proceedings on CBA and on minimum safety services shall continue towards conclusion in 30 days and relevant reports filed accordingly," the judge ordered.
He said there will be no intimidation or harassment of union officials or members on account of the dispute before court.
Justice Ongaya also directed that any disciplinary cases being commenced or sustained should be suspended immediately to facilitate members of the union to render services unhindered.
"Pending further orders the Whole of Nation committee to be convened forthwith with a view of bringing return-to-work formula not later than April 19. Parties are urged to negotiate in good faith," the court ordered.
The matter will be mentioned on May 23 for further directions.
Earlier, the government had asked the court for 30 more days to conclude discussions with the medics on the contentious issues of pay and hiring of medical interns.
However, the Attorney General, through lawyers Ochieng Oduol and Oscrar Eredi, took an about-turn, saying the state was willing to have a meeting with striking doctors in the next 24 hours.
That was after lawyer Edgar Wachuka, representing the Kenya Medical Practitioners, Pharmacists and Dentists Union, told the court that 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 we have a return-to-work formula," Wachuka said.
The government has repeatedly said it does not have money to pay the doctors.
President William Ruto, who spoke in Nairobi yesterday, said the government cannot afford to give in to the doctors' demands at the moment, as there are "real issues we want to deal with".
"We have a doctors' challenge. We have leaders including governors saying 'We support the doctors' strike'. Really? If you support their strike then pay the money they are asking for," he said.
He spoke during the Third National Wage Bill Conference 2024, which he closed at the Bomas of Kenya in Nairobi.
Doctors are demanding the posting of interns; payment of fees for doctors on postgraduate training; extension of contracts for UHC staff; payment of arrears of basic salaries as per the 2017 CBA and provision of comprehensive medical insurance.
They are in the fifth week of the strike.
On Tuesday, governors objected to the format of talks to resolve the strike by doctors.
During an extraordinary council meeting on the ongoing labour unrest in the health sector, they also refused to pay doctors more, saying they are already the best-paid professionals in the counties.
The governors said the “Whole of Nation approach Committee” constituted by the Labour Court to resolve doctors' grievances cannot make decisions for the 47 counties.
Council of Governors chairperson Anne Waiguru said they might not participate in the talks under such a format.
"The Council of Governors appreciates the Whole of Nation approach directive by the court whose aim is to have a long-lasting solution to the perennial industrial unrest in the health sector. However, this is not tenable as both the national and county governments are independent and distinct employers," she said.