The Strike Is Still On, KMPDU Trashes Govt’s Return To Work Plan

The doctors strike is still on according to the announcement made by the Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) Secretary General Davji Bhimji.

The union stated that it won’t coil down to what they term as blackmail to return to work by the government.

“Last evening another attempt by the Union to negotiate failed after the government side refused to engage us on any of the clauses that National Advisory Council,NAC found unsatisfactory.They instead decided to use veiled threats and blackmail to force us to sign an incomplete and one-sided Return-to-Work Formula.” Davji stated.

He added that they’re sticking to their demands and remained defiant.

“KMPDU will not be ambushed nor coerced to sign a document that goes against our CBA 2017.We will not succumb to the intrasigience of government nor shall we honor a marriage proposal to sacrifice our union members at the alter of cheap theatrics and short lasting pleasure.WE SHALL NOT BE INTIMIDATED!” He added in his statement addressed to the doctors.

KMPDU is now blaming the government for the prolonged strike that has now stretched to its 53rd day.

“This was the most avoidable strike if not for the incompetence of the leadership at the Ministry of Health and the trivialization of our concerns by counties and their refusal to comply with court orders.” Davji said.

“We have patiently waited for 7 years for our hard earned CBA to be implemented, during which we have gone through endless consultations, negotiation and court processes whose outcomes employers never implement nor obey. The most recent progressive process resulted in an implementation matrix signed on the 6th of January 2023 by CS for Health, CoG Representatives and the union.”

The Union’s leadership added that they’ll remain still for the sake of the profession while sarcastically congratulating the government for ending their strike.

“As doctors, we owe it to ourselves to stand up for our profession, to stand up for our patients, and to stand up for the future generations of health and public sector workers. We have been on strike for 52 days and it is clear that this government does not intend to negotiate in good faith.We have always said that it is the government on strike. We welcome their decision to end their strike and sign a Return-to-Work Formula. We hope they will now submit themselves to their call of duty.” He posted yesterday.

“They have consistently said that they have conceded to 99.9 percent of the issues we wanted addressed, today we challenge them to make public these 18 issues and the timelines,otherwise we shall expose them for the dishonest men and women that they are.”

Kenya Kwanza blamed

The union say the Kenya Kwanza government is all to blame for the standoff that has left public hospitals empty and Kenyans suffering without care.

“More than ever we now believe that this government does not care about Kenyans because last evening we went for the meeting with an intention to end the strike. We flew in all the NAC members so that we be able to vote and end the strike, but we were treated to belligerence and theater of the absurd where one side came up with a RTWF only agreeable to them and proceeded to sign it alone despite the court ruling otherwise. This despite the suffering of Kenyans occassioned by the floods and the risks of waterborne diseases.”

The doctors have been on strike today for the 53rd day.

They maintain that their hard stance on the negotiations with the government have never been aimed at hurting Kenyans but for the betterment of doctors whose negotiated demands have remained unfulfilled for years.

“As your leadership, we have continually reflected on what strategies and tactics we have undertaken and how to make the best decisions in the ever changing circumstances.We are fully cognisant of the strange times Kenyans find themselves and the current catastrophic floods. Our intentions have never been to hurt our people who have supported our cause nor make them suffer unnecessarily. We still remain true to our oath and it shall remain our guiding light.” Davji added.

While making the stand clear that the strike is still on, the union said it will be heading to the courts on Monday to seek further remedies and urged its members to remain steadfast.

“I want to assure you that tough times don’t last,tough people do because when Impunity becomes law, resistance becomes duty!” He stated.

Return-to-work formula rejected 

The ongoing dispute centres around the Collective Bargaining Agreement (CBA) of 2017, which, according to the union, has been largely neglected by various counties and the Ministry of Health.

Despite an implementation matrix agreed upon by health stakeholders as recently as January 6, 2023.

At the latest meeting intended to resolve the strike on Friday, the government allegedly presented a Return-to-Work Formula (RTWF) agreeable only to them and proceeded to sign it unilaterally, contravening previous court rulings.

A tense meeting between the two sides ended in disarray after KMPDU officials walked out, leaving the Chief of Staff and Head of Public Service Felix Koskei with regrets about the aborted talks.

The negotiations were convened by various representatives of the national government, Council of Governors and the KMPDU. Ahead of the talks, a statement to the press by Mr Koskei had indicated that a return-to-work formula was in the works.

During the short-lived meeting aimed at fine tuning the document ahead of anticipated signing, the government side did agree to some of the issues the union had raised but was non-committal on implementation timelines.

“While we were negotiating, one of their team members was taking minutes. They used those notes to unilaterally draft a return-to-work formula and tried to arm-twist us into signing it. We could not agree to that,” KMPDU Deputy Secretary General Dennis Miskellah said.

The Council of Governors vice chair Ahmed Abdullahi – who is also the Wajir County Governor – said that significant progress had been made in the negotiations, with both parties reaching consensus on eight critical issues relating to county governments.

However, tensions escalated when the doctors insisted on additional demands.

“On all the eight, we agreed and we got them to initiate in good faith and the union was in agreement with us… the union’s advisory council came today and they said they cannot sign,” said Abdullahi.

He added, “They tried to extract some more definite numbers and timelines, but we said we will not be able to commit counties on those. But in principle, we have agreed on everything. Why will they continue with the strike in spite of agreeing with us on all those?”

Despite this, the Council of Governors, Ministry of Health, Ministry of Labour and the Public Service Commission proceeded with the signing, urging the union to do the same by Monday, maintaining that the proposed return-to-work formula cannot be altered and must be approved as is, citing legal constraints.

“As national government, we have said that the only issue that we have not agreed on was on internship and the court yesterday (Thursday) did direct that that issue be consolidated with the matter in court and held in abeyance unless the parties are able to discuss,” Health CS Susan Nakhumicha said, but the union claims that critical issues were left out.