The Employment and Labour Relations Court on Wednesday April 17 ordered the Kenya Medical Practitioners, Pharmacists, and Dentists Union (KMPDU) striking doctors to return to work and attend to emergencies as negotiations continue. 

In his ruling, Judge Byrum Ongaya directed KMPDU to ensure doctors of different cadres report to work in public hospitals to handle emergencies. 

Justice Byrum Ongaya stated that there should be at least two doctors per cadre; two medical officers, two dental officers and two pharmacists and at least two consultants to handle emergencies for all public hospitals categorised as level 3, 4 and 5.

Meanwhile, the court ruling has offered a temporary solution to the doctors’ strike that started on March 13, 2024. 

Additionally, the judge maintained that the government and KMPDU should come up with a return-to-work formula within 30 days. 

The Judge also noted that interim orders previously given for sustainable amicable solution in the strike notice and reconciliation proceedings on CBA and on minimum safety services shall remain in effect until conclusion, in 30 days.

He further emphasized that there will be no intimidation or harassment of KMPDU officials or members on matters of the doctors strike, to ensure smooth running of services in the health sector.

The court ruling comes at a time when various leaders were raising concerns over failure to end the doctors strike that has led to patients suffering.

Meanwhile, Health Cabinet Secretary Susan Nakhumincha on April 17, told Members of Parliament that an assessment by the Ministry of Health indicated that the doctors’ strike had greatly affected service delivery at referral hospitals.

The MPs put Nakhumicha to task to explain why the government has not resolved the Collective Bargaining Agreement  (CBA) issue with striking doctors. 

In her response, the Health CS explained that the government has done its part, especially to meet the doctor’s demands regarding the 2017 CBA.