Reprieve as nurses call off strike

PHOTO | GIDEON MAUNDU Nurses protest outside Coast General Hospital on January 8, 2013 in push for the government to register their union.

What you need to know:

  • Through their lawyer Maranga Maosa, the nurses sought to convince Industrial Court judge Nduma Nderi on Tuesday that the orders had not withdrawn their right to strike
  • It turned out that their case could not be heard unless they complied with the earlier directives issued to them by judge Maureen Onyango on Friday
  • A case in which the Union of Kenya Clinical officers are seeking orders to compel the Registrar of Trade Unions to register it will be heard on January 14.

The striking nurses on Tuesday agreed to call off their month-old strike to pave the way for the court to determine the fate of their unregistered union.

The nurses had moved to court under a certificate of urgency seeking interim orders to stop orders issued on Friday which directed that they resume work immediately or disciplinary action be taken against them.

Through their lawyer Maranga Maosa, the nurses sought to convince Industrial Court judge Nduma Nderi on Tuesday that the orders had not withdrawn their right to strike.

Legitimate boycott

Industrial Court judge David Marete had on December 28 last year ruled the health workers’ strike legitimate.

Mr Maosa told the court that the nurses followed all the necessary steps required under the Labour Relations Act to have Kenya National Union of Nurses (Knun) registered.

“It was only after the Registrar of Trade Unions refused to register the union that the nurses decided to call for a strike to agitate for the same to be registered,” lawyer Maosa explained.

It, however, turned out that their case could not be heard unless they complied with the earlier directives issued to them by judge Maureen Onyango on Friday. (Read: Nurses defy order to end strike)

“If parties were to choose which orders to comply with and those to leave, there would be chaos in the country. The orders of this court are sovereign and even if you do not agree with them, you must comply first then challenge late,” noted Mr Justice Nderi.

He the nurses must stop the strike if they wanted the court to hear and determine their case.

The standoff prompted lawyer Maosa to ask for a 15-minute break to consult with the nurses. The health workers later agreed to resume work immediately.

“The nurses have agreed to have this matter disposed expeditiously and we want an early hearing date,” said Mr Maosa.

Meanwhile, a case in which the Union of Kenya Clinical officers are seeking orders to compel the Registrar of Trade Unions to register it will be heard on January 14.

Mr Justice Nderi said the case would be mentioned on January 11 for the court to review the work place situation and give further directions.