Jail doctors’ union officials for contempt, court told
Kituo cha Sheria has joined the doctors’ strike legal fray, seeking to have the union’s top officials jailed for contempt.
In the case filed under a certificate of urgency, the rights body accuses Kenya Medical Practitioners Pharmacists Dentists Union (KMPDU) of flagrant disobedience of a High Court order that suspended the nationwide strike that has paralysed treatment in all public health facilities.
The order by Justice Byram Ongaya of March 13 declared the doctors’ strike “illegal” and directed KMPDU to suspend it.
Kituo cha Sheria, through a veteran legal practitioner Dr John Khaminwa, says the actions of the doctors “are manifestly unconstitutional and unlawful, and are prejudicial to the interests of the Kenyans in general where the sick and frail are writhing in their beds as they stare deaths approaching them.”
Dr Khaminwa says the top echelons at KMPDU must call off the strike, whose effects have been felt in the last three weeks, while the issues they are championing are addressed by the tripartite parties.
In the case, Kituo cha Sheria is seeking an order of mandamus to compel the KPMDU Secretary General, Dr Davji Atellah, its national chairperson, Dr Abidan Mwachi, and its national treasurer, Dr Mercy Nabwire, to comply with the order of Justice Ongaya of March 132024.
In the order of Justice Ongaya, he suspended the nationwide strike called on March 6.
“That an order of Mandamus be and is hereby issued against Dr Atellah, Dr Mwachi and Dr Nabwire to respectively comply with the Order by Justice Ongaya issued on March 13, 2024, suspending the strike,” Kituo cha Sheria urges the court.
Further, the court is being impressed upon to summon the three top officials of KMPDU to show cause why the union has refused and or failed to comply with the order suspending the strike.
The court was asked to commit the three top officials of KMPDU to jail for a period not exceeding six months.
The court heard that Kenyans are suffering, and their rights to access good health care have been violated by the striking medics.
Kituo Cha Sheria has named the Cabinet Secretary, Ministry of Health Susan Nakuminchah, KMPDU, Kenya National Union of Nurses (KNUN), The Council of Governors (CoG) and the Attorney General respondents.
The legal advice centre has named the Cabinet Secretary Ministry of Labour and Social Protection and the Salary Remuneration Commission (SRC) interested parties.
Dr Khaminwa says that the strike was called due to the failure of the Ministry of Health and other stakeholders, including CoG, to meet the terms in the Collective Bargain Agreement (CBA) between the 47 Counties and KMPDU, which was to take effect on July 1, 2017.
However, Justice Ongaya stopped the strike vide a case filed by lawyer James Kounah and supported by an affidavit from Jane Akunda dated March 12.
“The court stopped the planned strike on the sound decision that the same will create a favourable environment for negotiations and agreements on essential services without there being a strike and delivery of health services to continue,” says Dr Khaminwa in the plea to jail KMPDU officials.
The court ordered the CS Labour Florence Bore to schedule a tripartite meeting on March 14.
The meeting was to be attended by representatives from KMPDU and respondent officials and public service employers listed in the unions’ strike notice dated March 6.
When the case came for hearing on April 3, the Ministry of Health (MOH) sought 14 more days to continue negotiating with doctors to end the strike that has affected all public hospitals.
The Ministry of Health, represented by Counsel Mmene Eredi, requested Justice Ongaya for more time to conclude the talks and further file a formal report on the progress made and the steps undertaken to meet most of the union’s demands as contained in the CBA of 2017.
The trial judge heard MoH has made a proposal for minimum services, and they are still willing to engage in good faith.
On the other hand, Kenyatta National Hospital, which filed the case challenging the strike, told the court that they don’t have the luxury of two weeks as people are losing their lives.
KNH said they are ready with 75 per cent of medical staff to continue providing services, which remains a contentious issue for the doctors.
In a rejoinder, the doctors’ union – represented by Edgar Washika – said they cannot provide minimum services if they don’t know the number of employees in the sector.
He said the doctor-to-patient ratio is skewed in that, on a typical day, there are no minimum services because of the understaffing.
“That is one of the major issues because some hospitals are unmanned as there are no doctors,” he said.
They asked the court to compel all relevant parties to appear in the talks. He said only MOH, KNH, and MTRH were present in the meetings they have had so far. Counties, he said, have refused to participate in the process.
The Council of Governors said they have participated in the negotiations and process but are yet to reach an agreement.
After hearing from all parties that reconciliation and negotiation proceedings are underway, Justice Ongaya said there is a need for dialogue.
He gave the parties 14 more days to proceed and record a settlement in court.
The strike notice issued by KMPDU will remain suspended on condition that parties conclude and file in court the Memorandum of Understanding on minimum safety services in the event of a strike by doctors in public health institutions.
“Let us know how many doctors, in what cadres and their numbers. Like KNH and other public institutions because we may be talking about minimum services that don’t exist at all. Let this information be filed in court,” said the judge.
He fixed the case for further hearing April 17,2024
Shows
See AllAM Live
AM Live is NTV's morning current affairs show that sets the agenda for the day with insightful panels every weekday.
Business Redefined
Business Redefined is Kenya’s premier thought leadership platform for unpacking matters regarding economic and finance policy as well demystifying complex developments in the region’s capital markets.
Comedies
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Entertainment
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Full Episodes
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Gumzo La Sato
Gumzo La Sato is a live social issues show that aims to create awareness about issues affecting the larger society. The discussions range from Parenting, Marital bliss and struggles, Oppression, violence, and all matters of the Heart.
Health Diary
Health Diary is a weekly show that highlights different types of diseases/conditions and seeks ways to prevent, treat/manage them. The show debunks this through real life stories and also feature specialists in different fields, to offer medical advice on the same.
Letter To My Younger Self
Letter To My Younger Self is a podcast where guests get to write a letter to their younger self, from which Maxine formulates questions to ask them during the hour-long show.
Nation Reports
Nation Reports is a weekly podcast offers an opportunity for listeners to interact with various reporters and journey with them as they unravel the biggest most emotive stories.
One Health Lens Podcast
Discussing health matters and human stories from Kenya and across Africa. We talk big picture from people to policy, ecosystems, and everything in between. Follow us on LinkedIn: https://www.linkedin.com/company/onehealthlens
Paradise Lost
Paradise Lost peeks through the story of Louis Otieno, the times, and everything in between.
Speaking of GEN Z
Speaking of Gen Z brings you entertaining but meaningful conversations about a generation that is trying to navigate through adulthood. Join hosts Michelle, Jackie and Esther as they unravel all things Gen Z.
Sport On
Sport-On is a 30-minute sports magazine show on NTV and 3 hours on NATION FM. The show seeks to give the sports “fanatics” and “funatics” comprehensive and in-depth coverage of sports both locally and internationally.
Tech-over
The extent of technological growth is beyond mere acknowledgment; it has seamlessly integrated into our daily existence. A few years ago, the notion of paying electricity bills through mobile money or recharging with 'tokens' in Kenya seemed inconceivable. Online product sales were considered distant, and artificial intelligence is rapidly reshaping various facets of our lives. Amidst these technological leaps, those with a solid understanding of tech can navigate challenges, seize opportunities, and build a sustainable livelihood. Tech over Show aims to be the platform facilitating discussions among thought leaders, innovators, tech companies, and the government, addressing challenges and opportunities in Kenya's thriving tech industry.
Thamani
Thamani is a business show which is dedicated to emerging issues regarding micro, small and medium size businesses.
The Politalk podcast
This is The Politalk podcast. Here we look into the ins and outs of everything Kenyan politics. We pull no punches and have no reason to sugarcoat anything that matters to Kenyans.
The Trend
A two-hour-long live show that airs on Fridays. The show focuses on what is current in the entertainment industry, controversial and popular across all media platforms targeting those aged between 25 and 35 years.
The trend podcast
The trend podcast highlights and captures the best of banter from #TTTT segment that airs every Friday on NTV. It's the TTTT EXTRA
The Wicked Edition
The Wicked Edition with Dr. King’ori seeks to address serious issues through humour and relatable wit. It is a two-part half hour show filmed in front of a live audience
Trending
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Twende
Twende is a travel show that highlights beautiful, unique, diverse locations, people, and cultures. The show offers fresh perspectives on familiar locations and memorable experiences in new ones.
Unscripted
This Saturday evening lifestyle show lets viewers share their stories and life experiences as openly & honestly for the purpose of shifting the culture of silence.
VIP Access
VIP ACCESS is Anyiko Owoko’s YouTube and podcast show on Music and Culture dedicated to promoting Africa’s most promising talent and creatives. This podcast grants you VIP access into timeless interviews while providing a platform for rising as well as established artists across the continent. Since launching in 2018, Anyiko has interviewed over 70 African music stars.
WADR
This weekly news show aims to have all sides of debate but not be constrained by it, listen to main voices in the contest but not allow them to hold the viewers hostage, entertain debate but allow push back with all due respect.
When death do us part
In this podcast, three widowers openly speak about the process of grief, how they found themselves exposed to the emotional turmoil of losing their wives, and how society still does not know how to deal with them.
Your World
Your World is a health, wellness and variety show. It provides a platform for audiences and experts to share their experiences on how to improve or manage health issues, across Kenya and the Africa region.