Court declines to stop jail order for KMPDU bosses

The Court of Appeal has declined to issue an order stopping a jail sentence for doctors’ union officials from being imposed.

Judges Hannah Okwengu, GBM Kariuki and Jamila Mohammed have ruled that since the Health Cabinet secretary was not given case documents for the appeal suit before Wednesday’s hearing, it would have been inappropriate to issue orders as requested by the Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) officials.

The three-judge bench directed KMPDU officials to give the case documents to CS Cleopa Mailu within 48 hours.

Eight KMPDU officials who were handed a suspended sentence had sued in the Court of Appeal to seek refuge though the Employment and Labour Relations Court will not rule on the matter until Friday.

AFFECT TALKS

The union officials argue that negotiations with the government over their grievances that led to their ongoing strike may be undermined if they go to jail.

But the Council of Governors argued that the appeal was premature since there is a pending verdict set for Friday.

However, Dr Mailu, through a state lawyer, told the court that the hearing of the matter was inappropriate because the ministry — listed as an interested party in the case — was never issued with case documents for the appeal suit.

Consequently, union officials have just one more day to know their fate on the jail sentence passed against them for disobeying orders to end doctors industrial action, which is in its 59th day.

Justice Hellen Wasilwa imposed the sentence on the officials on January 12 but suspended it at first for two weeks before later extending the suspension.