Economy

Mailu reveals details of fight with PS

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Health Cabinet Secretary Cleopa Mailu when he appeared before the Senate’s Health committee on February 14, 2017. PHOTO | DENNIS ONSONGO

Health Principal Secretary Nicholas Muraguri declined to head a ministerial team that was formed to negotiate an end to the doctors’ strike with jailed officials, his boss Cleopa Mailu told Senators yesterday, highlighting the deep rift among top Afya House officials.

Dr Mailu, the Health Cabinet Secretary (CS), told the Senate’s Health committee that Dr Muraguri brushed aside his directive that he takes charge of the negotiations and instead appointed Francis Musyimi as team leader of the four-member team.

READ: Mailu accuses PS of insubordination in doctors' strike row

“On February 8, I received a memo from the PS with names of nominees to represent the ministry in the negotiations mediated by the Central Organisations of Trade Unions (Cotu) and the Kenya National Commission on Human Rights (KNCHR), Dr Mailu said. “He (Muraguri) said that due to other national engagements, he had nominated Francis Musyimi to lead the team in negotiations.” 

Dr Mailu said he had appointed the four- member team headed by Dr Muraguri to negotiate on behalf of the ministry in order to end the doctor’s strike which enters its 73rd day today.

Also in the team were the secretary for administration, the head of curative services, the head of human resources and the secretary for administration. The team had the full mandate to negotiate.

But Dr Muraguri fired back a letter appointing Mr Musyimi to lead the team.

“I ask this committee not to ask me any more questions since I didn’t participate in the negotiations,” Dr Mailu said, adding that Dr Muraguri’s action amounted to insubordination and not infighting.

“I want the committee to take this as it is. Let us leave it at that. I take it as insubordination,” Dr Mailu said when pressed to confirm reports that infighting between him and his PS had led to  collapse of the talks, leading to the jailing of seven officials of the doctors’ union on Monday.

The committee chaired by Migori Senator Wilfred Machage invoked provisions of Article 125 of the Constitution and ordered Dr Mailu to have the seven doctors released from prison and to report his actions to Parliament at 10 am this morning.

Dr Machage said it was not enough for the minister to argue that the PS’ action had made it impossible to resolve the issue since he is the man in charge of the ministry.

“You wrote a memo to the PS appointing members to sit in a mediation committee as the ministry’s CS and the PS writes another memo appointing another group excluding himself from your order? Mr CS, are you in command of the Ministry of Health? Is the PS responding to your command as CS?” Dr Machage asked.

The committee directed Dr Muraguri to accompany Dr Mailu for this morning’s meeting where the duo is expected to outline measures taken to release the doctors’ union officials and end the strike.

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Dr Nicholas Muraguri, Health principal secretary. PHOTO | FILE

Union leaders' release

Dr Mailu informed the House that he had spoken to the Attorney- General and the joint heads of the mediation committee to secure the doctors’ release.

READ: Doctors' union officials jailed for failing to call off strike

“I am doing everything in my power to ensure that doctors return to the negotiating table. I am waiting for the advice of the Attorney- General, but I cannot say with certainty that I will get them out of prison because the court exercised its mind on issue of contempt. Please give me time,” he said.

Justice Hellen Wasilwa, the Employment and Labour Relations Court judge, on Monday sent the doctors to jail for one month for contempt of court after they failed to end the strike.

The court acted at the end of a seven- day window that the judge had extended to the union and the ministry to reach a negotiated settlement.

Yesterday, Senators said lack of commitment from Dr Mailu and Dr Muraguri had resulted in the failure to reach a deal with the striking doctors.

Dr Mailu maintained that he has been committed to resolving the industrial dispute that has disrupted services in all public health institutions and would continue to do so.

“I never delegated the negotiations with the doctors. I have been with the Council of Governors and anywhere doctors wanted me even at night. I know their mind. I know their position. There is no single meeting I have not attended to discuss with those doctors,” Dr Mailu said.

Kakamega Senator Boni Khalwale, his Bomet counterpart Wilfred Lesan and nominated Senator Godliver Omondi demanded that the CS and PS resign.

Dr Khalwale said the CS had embarrassed doctors and demanded that he steps aside.

“In view of the fact you are the driver of matters policy, you can’t paint a picture of a helpless person being ignored by the PS. As a doctor, if you can’t solve a problem then resign as the CS and leave this rot go to somebody else. You are embarrassing us as a doctor,” Dr Khalwale said.

READ: Munya says governors ready to talk with doctors despite officials’ jailing