Court stops strike by health workers

The Kenya Medical Practitioners, Pharmacists and Dentists' Union (KMPDU) members protest at the Provincial General Hospital Nakuru on December 4, 2013. The High Court has stopped the ongoing health workers strike. PHOTO/SULEIMAN MBATIAH | FILE

By  MAUREEN KAKAH

What you need to know:

  • The Health Cabinet Secretary through State Counsel Paul Ojwang’ argued that the ongoing strike contravenes the Constitution and section 78 of the Labour Relations Act which prohibits those involved in the delivery of essential services from participating in a strike.
  • Health workers are protesting against plans to transfer the channelling of their salaries to the county government as they prefer it to remain under the control of the national government.

The High Court has stopped the ongoing health workers strike.

This follows an application by Health Cabinet Secretary James Macharia on Wednesday seeking to stop the strike which began at midnight on Monday.

High Court judge David Majanja allowed the suit and issued an order to stop the strike.

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“I certify the matter as urgent and as prayed I issue a conservatory order,” Justice Majanja said.

He directed the suit to be heard on Monday next week.

The Health Cabinet Secretary through State Counsel Paul Ojwang’ argued that the ongoing strike contravenes the Constitution and section 78 of the Labour Relations Act which prohibits those involved in the delivery of essential services from participating in a strike.

(Read: Man dies as doctors strike)

Health workers are protesting against plans to transfer the channelling of their salaries to the county government as they prefer it to remain under the control of the national government.

INCONSISTENT WITH CONSTITUTION

They have maintained that the process of devolving health services was inconsistent with the constitution because no legislation has been established to oversee the process.

They allege that they are unhappy with the manner in which the Transition Authority and the Governors’ Council are handling devolution of health services.

The government agreed on Tuesday to delay the transfer of health services to counties for two months in a statement which was not signed by the health workers’ union officials.

The government said it would issue a Gazette Notice to be published by the Transition Authority with regards to the transfer of health workers salaries to counties from December to February next year.

This decision was reached following a meeting with Cabinet Secretaries for Health and Devolution ministries, the Council of Governors and the unions representing the workers.

The delay is to allow further consultations and development formula to be used in the transfer of health function to the counties as required by the constitution.

The Kenya Medical Practitioners, Pharmacists and Dentist Union (KMPDU) and the Kenya National Union of Nurses (KNUN) had filed a case on the same which is awaiting judgment.

The case was heard before a three judge bench comprising of Justice Weldon Korir, Lady Justice Roseline Korir and Lady Justice Rose Ougo.

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