State trashes CBA, calls doctors for negotiations

Kenya Medical Practitioners and Dentists’ Union secretary-general Ouma Oluga (left) and chairman Samuel Oroko at a past media briefing on the doctors’ strike, which has now entered the 40th day. PHOTO | KEVIN ODIT | NATION MEDIA GROUP

What you need to know:

  • State House Spokesman Manoah Esipisu on Sunday said the doctors should return to the negotiating table to iron out the pay dispute.
  • It is an offence to implement a CBA before it is registered by the Industrial Court.
  • The CBA would address a raft of other issues, among them review of job groups, promotions, deployment and transfer of medical officers.

The government has said its 2013 collective bargaining agreement (CBA) with doctors cannot be implemented as it did not have the “input and blessings” of the Salaries and Remuneration Commission (SRC).

State House Spokesman Manoah Esipisu on Sunday said instead, the doctors — on their 40th day of the nationwide strike that has shut health services in 2700 public facilities — should return to the negotiating table to iron out the pay dispute.

“The simple reason really is that the Constitution says that no salaries can be negotiated outside the SRC…” he said.

Mr Esipisu added: “The teachers’ strike had similar underlying tones and the Appellate Court ruled that no valid offers could be made outside of the SRC.”

The Labour Relations Act requires that such agreements be registered with the Industrial Court, something that had not been done by either the government or the Kenya Medical Practitioners and Dentists Union (KMPDU).

According to a strike notice to the Head of Public Service, Mr Joseph Kinyua, the union stated that it wanted the CBA “signed on June 27, 2013 registered and implemented.”

It is an offence to implement a CBA before it is registered by the Industrial Court.

Once registered, the CBA binds parties to comply with the commitments therein. Failure by either party can give rise to a trade dispute which can only be dealt with in accordance with the provisions of the Act.

However, it is this CBA signed on July 2013 that the doctors, through the KMPDU want implemented, that will see, among other things, an increase in their salaries by between 79 and 200 per cent.

ADDRESS RAFT OF ISSUES

The CBA would also address a raft of other issues, among them review of job groups, promotions, deployment and transfer of medical officers.

The Government statement comes after the striking doctors on Friday rejected a 40 per cent pay rise offered by President Uhuru Kenyatta and vowed not to call off the strike.

On Sunday, Mr Esipisu, speaking in Mombasa, said the offer by the Government was still “on the table and hasn’t changed” and hoped for a quick resolution of the matter, within the confines of the law.

This development comes even as another consultative meeting is set to be convened at the National Treasury on Monday.

Treasury Cabinet Secretary Henry Rotich, his Health counterpart Cleopa Mailu will meet KMPDU officials and other stakeholders from the national and county governments.

Dr Mailu has said the government was willing to discuss a return-to-work formula to end the strike.

Last week, when asked whether the government will recruit staff to step in, he said: “The terms and conditions of service depends on where we get them whether locally or elsewhere. Therefore, we will unveil this to Kenyans as we will be using tax payers’ money.”

But he was quick to add that they would rather have local medics and expressed hope the striking doctors will resume work.

At the same time, the doctors will tomorrow (January 10) appear before the Labour Court for judgement over work boycott on December 5, 2016, despite the now 40-days old strike having been declared illegal and in contempt of court.