KMPDDU and KNUN officials risk six months in prison

Officials of the doctors and nurses unions risk six-month jail terms for failing to comply with court orders issued last week temporarily suspending their strike pending the hearing of an application filled by the Council of Governors (CoG).

The orders had been issued in an urgent application filed by CoG, which had argued that the job boycott called by the Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPPDU) and the Kenya National Union of Nurses (Knun), is illegal because labour laws have been violated.

COURT ORDERS

Employment and Labour Court Judge Hellen Wasilwa on Wednesday directed the Kilimani police chief to assist in having the KMPPDU and Knun officials presented in court to explain why they should not be committed to civil jail.

The judge gave the directions after CoG returned to court, arguing that the two unions have refused to comply with last week’s orders, though they had been duly notified.

“No one is above the law and it is essential that court orders are obeyed for maintenance of good order and the dignity of the court,” CoG lawyers said.

CBA FIGHT

In its application, COG argues that Knun had not attempted conciliation nor registered any dispute for conciliation before calling the strike, which is a requirement under the Labour Relations Act.

Further, it says the issues that resulted in nurses going on strike are provided for in the proposed collective bargaining agreement (CBA) between CoG and Knun, and therefore, the nurses union has not only acted illegally but also disrupted CoG services in order to achieve ulterior motives.

NEVER INVOLVED

CoG has also challenged the doctors’ strike called by KMPPDU, saying it was never involved in the negotiations towards the CBA, which was eventually executed on June 27, 2013.

As a key stakeholder in county government affairs, CoG says, it ought to have been involved in the negotiations over the CBA that the doctors want implemented, as the deal relates to county employees.

SRC ROLE

In addition, “despite the express constitutional mandate of the Salaries and Remuneration Commission (SRC), the Ministry of Health and KMPPDU hastily executed the CBA yet even the Court of Appeal has affirmed the role played by SRC in determining the remuneration and benefits of all public servants.”

CoG has also argued that the strike is illegal because it contravenes the Labour Relations Act, which prohibits strikes by employees engaged in an essential service.

The application will be heard on December 13.