Negotiations between doctors and their employers will continue despite jailing of seven officials of the Kenya Medical Practitioners, Pharmacists, and Dentists Union (KMPDU) for one month. Justice Hellen Wasilwa yesterday ordered the seven officials to serve a one-month jail term after they failed call off the strike, which is in its third month, as she had directed them a week ago.
Last week, Justice Wasilwa suspended one-month jail term for the seven officials after she found them guilty of contempt of court and ordered them to file a return-to-work formula with the court today or risk serving the jail term. While sending the officials to jail, Justice Wasilwa said the jail term of the officials should not disrupt the ongoing negotiations and directed the mediation team of Kenya National Commission on Human Rights (KNCHR) and Central Organisation of Trade Unions (COTU) which she appointed a week ago to continue with their work uninterrupted.
Immediately after the jailing of the unionists among them KMPDU secretary general Dr. Ouma Oluga, KNCHR and COTU convened a press briefing to announce that they will heed to the directive by Justice Wasilwa to continue engaging the parties to the dispute to come up with an amicable solution and have the doctors return to work.
KNCHR Chairperson Kagwiria Mbogori said the seven union officials could not escape the jail term because despite working day and night in the past one week and even adjourning yesterday’s session at1.00am, the parties did not come up with a return-to-work formula ready for filing at the Court today as ordered by Justice Wasilwa a week ago.
Mbogori who was accompanied by COTU official Wafula Wamusamia said despite the jailing of the seven union officials the mediators will remain committed to working with the respective parties to find an amicable solution. “We have taken note of Justice Wasilwa’s ruling today and particularly her direction that mediation should continue. We are thereby clarifying that the mediation table remains active and the overnight meetings remain until there is white smoke,” said Mbogori.
Mbogori said it was unfortunate that the mediation team ran out of time this morning and were unable to finalize on some issues on the return-to-work formula which was to be tabled in Court to secure freedom of the officials. She declined to divulge the ‘pending issues’ saying she, like other mediation team members, is bound by confidentiality agreement she signed at the beginning of the negotiations not to reveal pertinent information unless with the consent of all parties.
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Justice Wasilwa declined to grant the mediation team one more week which the mediation team sought to facilitate the parties to the dispute to agree on the ‘pending issues’. The KNCHR Chairperson said in addition to having draft Recognition Agreements acceptable to parties in the dispute, efforts at re-working the entire Collective Bargaining Agreement (CBA) were progressing well and about 90 per cent of the issues were settled and agreed between the parties.
The KMPDU officials mobilised union members to strike on December 6, last year, to push for implementation of the 2013 CBA which they signed with the national government. The 2013 CBA has since been declared null and void by the Industrial Court.
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