Rédaction Africa Links 24 with Kenyans.co.ke
Published on 2024-04-05 17:02:28
The ongoing contract battle between the government and medical professionals in Kenya has escalated into a legal tussle, with calls for the arrest and imprisonment of the leaders of the Kenya Medical Practitioners, Pharmacists, and Dentists Union (KMPDU) being dismissed by doctors. The conflict, now in its 23rd day, has sparked a debate over the adherence to court orders and the rights of the medical professionals.
Dr. Abidan Mwachi, the National Chairman of KMPDU, has vehemently refuted the allegations against the union, stating their unwavering commitment to their cause. In a press release, Dr. Mwachi criticized what he referred to as “underhanded tactics” employed by certain civil society organizations to intimidate and silence their leaders advocating for their rights and the sanctity of their Collective Bargaining Agreement (CBA).
The legal saga took a new turn when Kituo cha Sheria sought the incarceration of KMPDU’s top officials for allegedly disregarding a High Court order that halted the nationwide doctors’ strike. According to Kituo cha Sheria, the continuation of the strike poses a risk to the lives of many Kenyans, especially the sick and vulnerable. Dr. John Khaminwa, a legal practitioner representing Kituo cha Sheria, emphasized the urgency of complying with the court’s directives, labeling the doctors’ actions as unconstitutional and unlawful.
The civil rights organization is advocating for an order of mandamus to compel KMPDU’s leadership to adhere to the court’s ruling that suspended the strike. Justice Byram Ongaya’s ruling on March 13, 2024, declaring the strike illegal and ordering its suspension, is at the center of the legal battle. Kituo cha Sheria is urging the court to hold KMPDU’s leaders accountable for non-compliance, which could lead to a six-month jail term.
Dr. Khaminwa highlighted the suffering endured by Kenyans due to the strike’s repercussions, placing blame on the Ministry of Health and other stakeholders for failing to address the terms outlined in the CBA. Justice Ongaya intervened to promote negotiations between the parties, urging dialogue to resolve the impasse.
During a court hearing on April 3, the Ministry of Health requested a two-week extension to continue negotiations aimed at ending the strike. Justice Ongaya granted the extension, emphasizing the importance of dialogue in finding a resolution. Dr. Mwachi reiterated the doctors’ resolve in demanding justice and fair treatment, stressing unity among medical professionals and urging them to remain steadfast amidst pressure.
The fate of the country’s healthcare system hangs in the balance as the legal battle continues. The upcoming court hearing on April 17, 2024, is anticipated to be a crucial moment in determining the future course of action in this prolonged dispute. Dr. Mwachi’s call for solidarity among medical professionals reflects a shared sentiment seeking change and dignity in the face of challenges.
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