The Employment and Labour Relations Court has ordered striking Machakos doctors to resume work pending interpartes hearings or further orders.
The court sitting in Machakos on Friday directed the doctors, clinical officers, laboratory technicians, and public health officers to suspend their ongoing strike and return to work pending interpartes hearing on October 16, 2024.
Principal Judge Byram Ogaya issued the order in case number ELRCPET/E005/2024 Machakos County Government vs Kenya Union of Clinical Officers (KUCO) and Boniface M. Mutuku and one other person.
“The court has considered the application by the notice of motion and all material filed on record herein and in absence of the parties order as follows:
The application and all material filed herein be served forthwith today for an inter partes hearing on October 16, 2024, at 09.30am or soon thereafter per cause list and video link for Court 1 sitting in Nairobi, and for that purpose, the Deputy Registrar to cause the court file to be transferred to the Nairobi Registry forthwith by close of October 14, 2024,” a court order seen by the Star dated October 11, 2024 and signed by Ongaya reads in part.
“Pending the interpartes hearing or further orders by the Court there be stay of implementation of the strike notice dated September 24, 2024 and further stay of the strike flowing there from subject to: no victimisation or punishment of the union members or employees concerned in view of that strike notice or strike; and the parties forthwith convene with a view to negotiate or conciliate in good faith towards an amicable compromise of the dispute including the grievances involved and to agree on the minimum safety services in event of such strike by union members, with a view of recording a consent on the return date, as may be just and appropriate,” Ongaya ordered.
Ongaya further ordered that the parties were at liberty to seek assistance of the County Labour Officer at Machakos to assist as may be expedient and effective.
“Penal Notice: Take notice that any disobedience or non-observance of the order of the court served herewith will result in penal consequences to you and any other person(s) disobeying and not observing the same,” Ongaya ordered.
The court issued the orders barely three days after Machakos Governor Wavinya Ndeti’s administration warned that nobody would be paid for absconding duties.
The county’s top leadership made the announcement after doctors operating in the county downed tools on Wednesday following their 14-day strike notice’s expiry on October 8.
The doctors had last week, through a press briefing, indicated that they would down tools on today (Wednesday) if the county government’s leadership failed to heed to their demands.
Machakos County Public Service Board chairman Albanus Mutisya said the devolved unit lost about Sh77 million during the previous strike by the healthcare providers.
“We are considering that a loss because they never worked for 50 days, and when they came back, they were paid full salaries due to a return-to-work formula we got into with them,” Mutisya said.
Mutisya, together with the County Secretary and Head of Public Service Muiya Ndambuki, addressed the press at Governor Ndeti’s office in Machakos shortly after the doctors downed tools on Wednesday.
He added, “Now, the county government is concerned that anyone involved in a go slow or strike won’t get paid. We won’t pay if you don’t work. We have been in discussion with them, we have met all demands in the health department apart from one which we are discussing, promotions.”