Judge says striking doctors’ officials in contempt, to decide their fate tomorrow

Doctor’s union officials will tomorrow know their punishment for defying the courts and calling on members to boycott work.

Justice Hellen Wasilwa in her ruling yesterday found the Kenya Medical, Pharmacists and Dentists Union (KMPDU) guilty of contempt and ordered them to appear in court without fail.

The courts had earlier stopped the strike, which started on December 5 as the doctors pressed for the fulfilment of a 2013 agreement between their union and the government, which would raise their pay and improve working conditions.

“It is essential that orders are obeyed hence the court will not shy away from punishing contemnors because its dignity is affected from this principle. I am not safeguarding mine as a judge but that of the rule of law,” Justice Wasilwa said.

The Council of Governors told the court that the punishment should be meted out immediately after the verdict was delivered but the doctors’ union officials requested the judge to allow them to appeal against the ruling.

“Leave to appeal is allowed, I direct KMDU’s officials to appear in court on December 22 for further directions on their punishment before the duty judge,” Justice Wasilwa said.

The bulk of the hospitals affected are under county governments.

The court had on December 1 ordered the union to put off the strike for 30 days to allow room for talks.

The doctors’ strike, which is in the third week, has paralysed service delivery at public hospitals across the country.

Comprising about 5,000 members, the union says the collective bargaining agreement gave them a 300 per cent pay rise, review of their working conditions and job structures and criteria for promotions while addressing under-staffing in hospitals.

Talks between the union, county and national government officials collapsed and as a result sick Kenyans have been left on their own.

KMPDU has maintained that there will be no more discussions unless the collective bargaining agreement is implemented.

The judge had also threatened not to hear the doctors’ case before her until the strike is called off in an attempt to have them follow her order of stopping the strike.

Samuel Obegithe, Titus Ondoro, Fredrick Oluga, Hamisi Chibanzi and Daisy Korir, the officials listed in the suit, are facing a jail term or being fined for acting in contempt of court.

The Health secretary has also sought to be enjoined in the case as an interested party.