Medical union officials could go to jail for disobeying orders

From left: Dr Ouma Oluga, the national secretary-general of the Kenya Medical Practitioners', Pharmacists' and Dentists' Union, its national chairman Dr Samuel Oroko, national treasurer Dr Daisy Korir, Nairobi branch secretary Dr Thuranira Kaugiria and other doctors at Africa Inland Church Fellowship in Eldoret on December 11, 2016. PHOTO | JARED NYATAYA | NATION MEDIA GROUP

What you need to know:

  • On Tuesday, at the hearing of a suit in which officials of the Kenya Medical Practitioners’, Pharmacists’ and Dentists’ Union had requested a review of their suspended one-month prison sentence, Judge Hellen Wasilwa of the Employment and Labour Relations Court said she would deliver her ruling on Friday as she extended the suspended sentence by 72 hours.

  • Through lawyer Edgar Washika, the union claimed that it had attempted to comply with court directions ever since their jail sentence was suspended by five days.

Eight union officials could go to jail on Friday for disobeying court orders for stopping a two-month doctors’ strike and calling on members to boycott work.

On Tuesday, at the hearing of a suit in which officials of the Kenya Medical Practitioners’, Pharmacists’ and Dentists’ Union had requested a review of their suspended one-month prison sentence, Judge Hellen Wasilwa of the Employment and Labour Relations Court said she would deliver her ruling on Friday as she extended the suspended sentence by 72 hours.

Through lawyer Edgar Washika, the union claimed that it had attempted to comply with court directions ever since their jail sentence was suspended by five days.

“A further suspension of your sentence will bring results but if you rule on the contrary, it will result in further loss of time for parties to resolve this issue as well as an unfortunate loss of goodwill,” said Mr Washika.

The lawyer said the union had convened several meetings as well as lobbied in an attempt to end the strike but the members voted not to call it off if there was no clear way forward on issues regarding their contentious collective bargaining agreement.

NOT PARTICIPATE

Pleading with the judge not to jail the officials, the union accused the Council of Governors of failing to participate in the negotiations. It also requested the court to consider appointing a mediator to lead the talks in a structured way with specific timelines.
“Governors are the ones who brought this matter to court and are pushing for the sentence on contempt, yet they have not participated in any way in the meetings,” said lawyer Mutula Kilonzo Jr, who is also the Makueni senator.

However, Ms Eunice Lumallas, for the governors, was quick to defend the county bosses, saying they moved to court in a bid to ensure delivery of essential services by stopping the strike.

She insisted that a majority of the union members are employed by the counties and that the request on the review of the suspended sentence had not been made in good faith since the suspension of the strike itself was a good window for negotiations.

“The authority of this court should be upheld since the work of the Employment and Labour Relations Court is to improve labour relations,” said Ms Lumallas. “Only this court knows best how to deal with those who disobey it.”

As if echoing her sentiments, lawyers representing, the Ministry of Health, Moi Teaching & Referral Hospital and the Attorney-General called for a dismissal of the union’s request, claiming that it was frivolous and calculated to cause annoyance.

The union said it had presented a petition to Parliament concerning the doctors’ concerns and that the officials had been invited to a meeting later in the day. It added that the Salaries and Remuneration Commission had held consultations with the doctors on the issues before it.