Court dismisses bid to stop transfer of health services
A section of health workers protest dismissal of their case where they challenged transfer to the counties December 18, 2013. Photo/Billy Mutai
What you need to know:
A three-judge Bench comprising Weldon Korir, Mumbi Ngugi and George Odunga dismissed a bid by the Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) and the Kenya National Union of Nurses (KNUN) to defer the transfer.
Doctors, nurses and other health workers are opposed to the transfer of their functions from the national to county governments from December 31.
President Uhuru Kenyatta Wednesday added his voice to the crisis once again, asking doctors to seek alternative solutions and ensure the health facilities in their areas are manned.
The health crisis deepened Wednesday as the High Court declined to stop the transfer of services to the counties, leaving medical workers with no option but to resign from the service.
A three-judge Bench comprising Weldon Korir, Mumbi Ngugi and George Odunga dismissed a bid by the Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) and the Kenya National Union of Nurses (KNUN) to defer the transfer.
The unions had wanted the changes delayed until the Transition Authority indicates the standardisation of salaries and promotions and how pensions would be handled by the 47 county administrations.
“We have considered all the issues raised in the instant application and are not satisfied that the health workers unions’ demands are merited,” said Justice George Odunga in the ruling.
Governors have already announced dismissal of health workers on strike and started fresh recruitment, with some dangling incentives in the hope of attracting enough personnel.
Machakos has already invited tenders for the upgrade of medical facilities while promising the workers free housing and training.
According to government figures, the country faces a shortage of 20,000 doctors and between 40,000 and 60,000 nurses.
Doctors, nurses and other health workers are opposed to the transfer of their functions from the national to county governments from December 31.
President Uhuru Kenyatta Wednesday added his voice to the crisis once again, asking doctors to seek alternative solutions and ensure the health facilities in their areas are manned.
The President said the doctors’ strike was against the oath they took and urged them to look beyond personal gain.
President Kenyatta supported the transfers saying issue was non-negotiable as the essence of devolution of health services was to take services closer to the people.
“We encourage governors to make urgent alternative arrangements to ensure all health facilities in their counties are manned and operational. Kenyans have a right to receive essential services and this is not a matter to be negotiated,” the President said.
As the government and the health workers union engage in blame game, patients are suffering, with reports of multiple deaths, including eight unborn babies this week alone.
The government moved to court last week and obtained orders stopping the strike pending determination of the suit but so far the health workers have not heeded the order.
The industrial Court on Monday extended the orders and set the hearing for December 24. KMPDU secretary-general Sultani Matendechere two weeks ago said about 500 doctors had resigned since April when talk of their imminent transfer to the counties started.
He said some doctors have left to serve as county directors of health, while majority resigned to join private hospitals or start their own health centres.
A section of legislators this week blamed governors for putting pressure on the Transitional Authority to transfer the services to the county level.
