The government and doctors have all been playing blame over who is to blame for disobeying court orders, but the International Commission of Jurists (ICJ-Kenya) has had enough.
The Commission has stepped in, calling for immediate dialogue to resolve the crisis that has paralysed the nation's healthcare system.
As the doctors' strike enters its sixteenth day, tensions continue to mount, with little sign of a resolution in sight despite threats from governors to take disciplinary action against striking medics.
Council of Governors Chairperson Anne Waiguru recently authorised county governments to implement such actions, urging doctors to consider the implications of their actions on patient care.
Waiguru implored doctors to return to work in adherence to court orders issued on March 13 and March 15, pointing out their ethical obligation to uphold the sanctity of life.
"We ask the doctors to show goodwill and return to work as negotiations go on. We also call upon the doctors who are striking to go back to work under the court orders issued on 13th March 2024 and 15th March 2024. Failure to which, the respective county governments who are their employers will be at liberty to take any appropriate action or disciplinary action," said Waiguru.
In a statement issued on Friday, March 29, Protas Saende, chairperson of ICJ-Kenya, urged the Salaries and Remuneration Commission (SRC), national and county governments, and KMPDU to engage in constructive dialogue to resolve the impasse.
The commission emphasised the need for all parties to honour court orders and abide by negotiated agreements.
ICJ-Kenya's recommendations included the prompt release of funds owed to both public and private healthcare facilities by the National Treasury, as well as fair compensation for healthcare workers, including medical interns.
The commission stressed that equitable remuneration is essential in addressing the issue of brain drain within the healthcare sector.
The dispute between doctors and the government reached a boiling point on March 14, when doctors proceeded with their planned strike, disregarding an order from the Kenyatta National Hospital (KNH) to halt the industrial action.
The strike notice had been issued on March 6 by the Kenya Medical Practitioners and Dentists Union (KMPDU), citing grievances over pay, contract terms, and consultant promotions.
KNH, in response, sought legal intervention to challenge the strike's legality and proposed that parties engage in tripartite talks mediated by a conciliation committee.
However, KMPDU argued that despite previous attempts at mediation, unresolved issues persisted, questioning the sincerity of employers in addressing longstanding concerns dating back to 2017.
Employment and Labour Relations Court Judge Byram Ongaya intervened on March 21, directing all negotiating parties to attend a meeting convened by Public Service Chief Felix Koskei at the Kenyatta International Convention Center (KICC). The meeting aimed to facilitate dialogue and end the deadlock surrounding the strike.
The habit of ignoring court orders although not new, has been front and center of the dispute between doctors and the government.
The Chairperson of the Council of Governors, Anne Waiguru, and the Head of Public Service, Felix Koskei, have both urged doctors to honour court orders. In response, doctors have requested the government to first honour a court order directing them to fulfil the Collective Bargaining Agreement (CBA) with the medics.
The ongoing strike originated from disagreements between doctors and the national government regarding the implementation of the 2017 Collective Bargaining Agreement (CBA), the deployment of medical interns, and the provision of comprehensive medical insurance coverage.
Efforts to resolve the impasse through discussions with the Ministry of Health earlier in the week proved futile, exacerbating the strain on an already burdened healthcare system.
The Council addressed 10 out of 19 issues raised by the Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU), which served as the basis for the doctors' strike.
According to the Council, these issues have remained unaddressed since June 2017 and July 6, 2021, when a Collective Bargaining Agreement was signed between KMPDU, the Council of Governors (COG), and the Ministry of Health.
With the situation escalating, the intervention of ICJ-Kenya underscores the urgency of finding a resolution to the protracted dispute for the well-being of both healthcare workers and the general public.
The commission has called upon relevant authorities to expedite the release of funds owed to health facilities by the National Hospital Insurance Fund (NHIF) to ensure beneficiaries' access to essential healthcare services.
