Labor court puts breaks on planned Doctors’ strike

The Employment and Labour Relations Court has issued orders stopping the planned doctors’ strike that was to take effect midnight tonight.

This is pending both an inter-parties hearing before the Court this Friday, March 15, 2024 at 9:30am; and pending the determination and filing of an agreement by the Cabinet Secretary for Ministry of Labour and Social Services and doctors through the Kenya Medical Practitioners Pharmacist and Dentist Union (KMPDU) on minimum safety services that doctors shall provide in the event of a strike.

The order from the court reads:

“Pending the inter parties hearing or further orders by the Court, the 3rd interested party, the Cabinet Secretary for Ministry of Labour and Social Services to convene, by noon Thursday 14.03.2024, a tripartite meeting of the parties herein, the respondent’s officials, and the public service employers mentioned by the respondent union in the strike notice Ref. No. KMPDU/LT/125/2024 dated 06.03.2024, with a view of amicable consideration in good faith, negotiation and conciliation of the grievances outlined in the strike notice, and, in particular, for the petitioner and the other mentioned employers and the union to agree upon and determine minimum safety services the members of the union shall provide in event of a strike like is notified in the instant strike notice and which minimum safety services shall be maintained as strictly necessary without rendering such a strike ineffective and the minimum services to specifically include the number of each cadre of union members and the respective duties to be performed in event of such a strike; and, the terms and conditions of the minimum safety services be filed in Court.”

“Pending the return date or further orders by the Court and pending the determination and filing of the agreement on the minimum safety services mentioned in order 2 above, there shall be stay of the taking effect of the strike notice and going on strike of the union’s members as notified in the strike notice Ref. No. KMPDU/LT/125/2024 dated 06.03.2024 and which stay is facilitative of parties arriving at an agreement on the terms and conditions of the minimum safety services that must be maintained towards balancing the mentioned competing rights enshrined in the Constitution.”