Doctors outside the Employment and Labour Relations Court in Nairobi after Judge Hellen Wasilwa extended by five days the suspension of a jail sentence she has granted doctors’ union, January 26, 2017. PHOTO | MAUREEN KAKAH | NATION MEDIA GROUP
Doctors’ union officials have lost a bid to have their jail sentence temporarily halted by the Court of Appeal as they await their fate with the Employment and Labour Relations Court on Friday.
In a ruling delivered Wednesday, Appellate Court judges GBM Kariuki, Hannah Okwengu and Jamila Mohammed faulted the Kenya Medical Practitioners, Pharmacists and Dentists Union officials for failing to give the case documents to the Health Cabinet Secretary yet he is listed as a party in the suit.
“It is surprising that the notice of motion was not served to the Health CS; we do understand that parties appeared severally in the lower court together and we, therefore, do not find it appropriate to make any orders of stay as sought,” they ruled.
Having declined to grant the request, the three-judge Bench directed them to give the copies of the case documents to Health CS Cleopa Mailu within 48 hours before another hearing of the matter is done.
“Hearing is hereby adjourned and the KMPDU officials are directed to effect service in 48 hours and then pick a hearing date of their choice at the court registry,” they said.
The judges had consequently upheld arguments by the Council of Governors not to allow the hearing of the matter to proceed considering the circumstances.
The union officials had said jailing them would hurt negotiations.
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