A return-to-work formula that will be approved by the court on Monday, May 6, 2024, has been ordered by the High Court to be signed by the government and the striking doctors.
The government requested that the Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) call off their current strike before signing a return-to-work formula, but the Employment and Labour Relations Court declined to grant this request.
The matter pertaining to intern doctors' compensation was thrown out by Justice Byram Ongaya, who told the parties that the matter was already before an Eldoret court.
In an attempt to break the impasse, which has now lasted for 50 days, the Council of Governors (CoG), KMPDU, Kenya Union of Clinical Officers (KUCO), and the Kenya National Union of Medical Laboratory Officers (KNUMLO) all appeared before a joint Parliament sitting of the health committee on Thursday.
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Government attorney James Ochieng accused KMPDU of denying a document that was drafted during the negotiations and intended to be used as a return-to-work formula during the court hearing.
Using Edgar Washika as their legal representative, KMPDU contended that the document was only a draft that needed to be approved by the union's National Executive Council but was rejected because it did not satisfy their demands.
In their appearance before the Joint Parliamentary Committee on Health, KMPDU emphasized that several issues pertaining to the strike notice still need to be solved and that the document resulting from the negotiations is insufficient to serve as a return-to-work formula.
“KMPDU is telling us we need to employ more doctors before they go back to work...if the counties have already agreed to employ more doctors, what kind of action do they want before they go back to work?” Posed Tharaka Nithi Governor Muthomi Njuki.
KMPDU Secretary General Dr. Davji Atella said: “Some parts of the document were not agreeable to the union, particularly on the issue of employment of doctors. When you say we will employ more doctors or we will endeavour to employ, it becomes a blank statement that mirrors the agreement we had last year where the counties promised to employ doctors… so the union was of the opinion that there should be a particular number of doctors and in case they need funds they will get it from the national government and timelines for that engagement.”
On the other hand, clinical officers are accusing the government of showing a lack of commitment, claiming that no county representative has ever attended a meeting since the court asked them to do so in 2020.
The committee wanted to know how many unresolved matters there were between the union and the government.
The CoG will be meeting with KMPDU, KUCO, and KNUMLO on Tuesday to agree on a return-to-work formula.
