- The judge said an agreement on minimum services must be provided to avoid strikes where patients are left unattended.
- Ongaya gave the directives after Hellen Opiyo Commissioner for Labour told the court that the Reconciliation Committee meeting was held on Thursday as had been directed by the court.
Image: The Star
A labour court has extended orders suspending doctors' strike to allow for negotiations and agreement on essential services that should continue in the event of a strike.
Justice Byrum Ongaya said the reconciliation committee should expeditiously proceed and agree on the minimum safety services doctors shall provide in case of a strike.
They are to do this with doctors' unions, CS Health, CS Labour, CS Treasury, Public Service Commission, SRC, all county governments and national referral hospitals to resolve the dispute.
The judge said an agreement on minimum services must be provided to avoid strikes where patients are left unattended.
The services the judge said should be strictly maintained without rendering such a strike ineffective.
Ongaya gave the directives after Hellen Opiyo Commissioner for Labour told the court that the Reconciliation Committee meeting was held on Thursday as had been directed by the court.
Parties deliberated on issues of minimum services but they were not able to make progress on issues that gave rise to industrial action.
"If the committee would be given more time, they would be able to deal with both issues on minimum service as well as issues that gave rise to the strike," Opiyo said.
The union as represented by advocate Washika Edgar told the court that during Thursday's meeting, they made a proposal on the minimum services.
He said they gave the minimum services to be provided and cadres of officers that must be present in times of such industrial actions.
He told the Judge that for all hospitals in Levels 3 and 5, there should be at least one doctor available at any given time. For referral hospitals there must be at least two specialists to handle critical areas like ICU and maternal wing.
"We recognise the need to protect rights. We have provided the minimum services that protect lives. Employers didn't provide what was required," he said.
He insisted that the industrial action be allowed to proceed with the minimum services the union has provided.
"That's the only way to ensure the matter is resolved at the earliest opportunity. Allow the strike to proceed so that employers understand the seriousness of the matter at hand," he told the court.
The court further consolidated the case filed by the Kenyatta National Hospital with another filed by the office of the Attorney General and a third case filed in Kisumu.
The matter is to be mentioned on March 20.