Nurses sue in push for their union
PHOTO | ANTHONY OMUYA Nurses at the Milimani Law Courts in Nairobi on December 27, 2012 where they were seeking orders to block Government plans to sack them. The nurses have been on strike for weeks.
What you need to know:
- Health workers want court to declare that they have a legal right to take part in a trade union
Striking nurses have taken their battle to court seeking an order to compel the Registrar of Trade Unions and the Medical Services Ministry to register their union.
The nurses, through lawyer Seth Panyako, claimed that the registrar had failed to perform his duties by refusing to register them.
“The registrar has erred in law in interpreting and applying the Labour Relations Act of 2007 by denying the nurses their constitutional right to freedom of association in total contravention of the Constitution,” said Mr Panyako.
He noted that the striking nurses were being threatened to resume duties and that more than 2,000 had not received their salaries due to their involvement in the boycott.
The nurses want a court declaration that they have a constitutional right to form, join or participate in the activities and programmes of a trade union as well as a right to go on strike without being intimidated by their employers.
The health workers are also seeking an injunction prohibiting the Public Service Commission and the Medical Services permanent secretary from victimising any nurse who has participated in the strike which disrupted services at public hospitals. (Read: Ministry hires nurses to replace striking ones)
“We want an order to the registrar of trade unions to issue certificate of registration to the Kenya National Union of Nurses forthwith and for relevant government ministries to engage the nurses’ union in talks to address the disputes raised by the nurses,” said Panyako.
The health workers are also seeking an order to stop the National Labour Board of Kenya from advising the Minister of Labour or from making any resolutions in regard to the registration, suspension and de-registration of trade union and employers organisations until the petition is heard and determined.
According to the nurses, the labour board has no power to advice the registrar of unions since he sits in the same board, which leads to conflict of interest.
The petition will be heard on Friday.
