Nurses stay the course as State files contempt case

Kenya National Union of Nurses Secretary-General Seth Panyako gives journalists an update about their strike, in Nairobi on February 12, 2019. PHOTO | SILA KIPLAGAT | NATION MEDIA GROUP

What you need to know:

  • Labour and Health ministries, the Council of Governors and Attorney-General had agreed to file contempt charges against the nurses.
  • Principal Secretary Peter Tum said a roll call will be taken today at exactly 8am by both levels of government.

The government has filed a contempt of court case against the Kenya National Union of Nurses (Knun) after its members failed to return to work as directed by President Uhuru Kenyatta.

But Knun Secretary-General Seth Panyako maintained that the strike was still on and nothing had changed.

He said he had no powers to call off the strike since it had been called by the unions in the counties.

“They will not report to work. We have instructed them to stay indoors so that they are not accused of doing anything wrong,” Mr Panyako said.

On Wednesday, the President ordered the health workers to resume duty by 8am today or the county governments and the Ministry of Health would dismiss them.

RESUME DUTY

Health Cabinet Secretary Sicily Kariuki said the ministries of Labour and Health, the Council of Governors (CoG) and the Attorney-General had agreed to file contempt charges against the nurses.

Speaking in Meru, where she launched the National Breaking Transmission Strategy 2019-2013 meant to address neglected tropical and surgical diseases, Ms Kariuki said the nurses had ignored a court order that gave 60 days for conciliation.

“The courts have spoken and the nurses went against the order. Union officials have already been served with the court orders.

"This is not a threat but all nurses are expected at work today as the President and the governors directed. They are at liberty to speak back but they are expected to report to work as directed,” Ms Kariuki said.

TALKS

In a separate press briefing held at the CoG offices in Nairobi, Principal Secretary Peter Tum said a roll call will be taken today at exactly 8am by both levels of government.

“Any nurse who fails to return to work will be dismissed and further disciplinary action will be taken according to the law,” Mr Tum said, urging nurses to give room for talks.

“We need to sit down and agree. Even in terms of what they need to be paid, there should be a procedure to be followed. We started the conciliation process so well, they ought to have given us a chance rather than going to the streets,” he said.

Governors, through their chairman Wycliffe Oparanya, insisted that nurses were issued with a court order suspending the strike for 60 days on February 5,which was served to the union officials.

“The court also issued an order to the union officials to appear before it next Monday for contempt,” a statement read by Mr Oparanya said.

DISPUTE

On this, Mr Panyako said that nurses did not see the value of being served with the court order because the CoG had maintained that they were not employers of nurses.

“When we issued them with the strike notice, they responded that they were an intergovernmental body that coordinates activities for the 47 county governments and was not employers of nurses.

"If they were not our employer, why were they rushing to court? We are dealing with counties and should any county take an action by going to court, we shall respect that and not the CoG,” Mr Panyako said.

COTU

Inspector-General of Police Joseph Boinnet has instructed all police commanders in the affected counties to ensure that nurses who wish to resume duty should do so undisturbed.

The Central Organisation of Trade Unions and affiliated parties have also joined the nurses in the fight, calling for the immediate resignation of Labour Cabinet Secretary Ukur Yattani because he had “failed” to advise President Kenyatta on the best way to handle the crisis.

The union accused the Labour ministry of frustrating the implementation of the agreement reached by nurses and county governments.

The nurses are demanding uniform and service allowances.