Striking medics play hard ball after arrest order against officials

Striking medics hardened their positions Wednesday after it emerged that the government had obtained a court order for the arrest of union officials.

Employment and Labour Court Judge Hellen Wasilwa Wednesday directed the OCS Kilimani police station to have the striking health workers’ union officials arrested and presented in court over the industrial unrest.

This follows court orders issued last week temporarily suspending their strike pending the hearing of an application filed by the Council of Governors (CoG).

The Kenya Medical Practitioners and Dentists Union chairman, Samuel Oroko said they are no longer negotiating with government until the court order is withdrawn.

“We have information that the government wants to arrest the union officials. We have declared that we are not going to negotiate further until they withdraw the court order,” said Dr Oroko.

He said the government has been negotiating in bad faith and taking them in circles “hence the strike continues”.

The officials, however, risk a six-month civil jail term for allegedly failing to comply with the court order that had been issued in an urgent application filed by the CoG, which argued that the strike is illegal.

In its application, CoG argues that the nurses’ union, for instance, had not attempted nor registered any dispute for conciliation, before calling the strike, a requirement under the Labour Relations Act.

The CoG has also challenged the doctors’ strike, saying it was never involved in the 2013 collective bargaining agreement (CBA).

The governors say as a key stakeholder in county government affairs, it ought to have been involved in the CBA negotiations which the doctors want implemented, as it relates to employees of counties.

“No one is above the law. It is essential that court orders are obeyed for maintenance of good order and the dignity of the court,” CoG lawyers said on Wednesday. The application will be heard on December 13.

As the health crisis continues to bite, close to 20 patients are reported to have died countrywide as of Wednesday.

More than 150 cancer patients who attend chemotherapy sessions every Wednesdays and Fridays at the Kenyatta National Hospital were also locked out of the facility yesterday, dampening their hope for successful treatment.

President Uhuru Kenyatta Wednesday commented on the matter for the first time asking the health workers to end their strike and give room to dialogue to resolve their grievances.

“Let us be human and be mindful of the lives of the patients. I am confident that we will find a solution to the problem,” said Mr Kenyatta during his Makueni County tour.