The Federation of Women Lawyers (FIDA) has sued nurses, Council of Governors, Ministry of Health and the Attorney General for the ongoing nurses’ strike that continues to cause suffering and several deaths in the country.
In a case filed at the Employment and Labour Relations Court, FIDA disagrees with how the nurses’ strike has been handled by different authorities with no hope of ending it.
“FIDA Kenya takes specific issue with how the respondents have allowed the strike to prolong with no hope of calling it off. It is worse that leaders have taken more interest in the elections campaigns than resolving this public pandemic. The Government of Kenya owes it to its citizens to strike a balance between protecting their fundamental right to life while upholding the freedom of workers to go on strikes,” FIDA said in a statement on Friday.
The lawyers urged the court to resolve the matter soon noting that many Kenyans are suffering and they cannot afford services from private hospitals.
“FIDA Kenya pleads with the court to take note that most of the users of the public health institutions are poor citizens who cannot afford to access services in private health sector causing them immense suffering, indignity and loss of life in some cases. That the strike further erodes the gains made by the free maternal health policy,” they said.
In summary FIDA Kenya seeks the following orders;
1) A declaration that nurses and Doctors have a right to strike however this right should not supersede the right to life as is sacred
2) There is need for the government to safeguard against suffering and death during strikes and lockouts by medical sectors employees.
3) That all the trade unions in the health sector must put in measures for continued provision of medical services by a percentage of its membership before issuance of a strike notice and/or proceeding to strike.
4) An order compelling parties to complete and sign the Collective Bargaining Agreement for nurses and have it filed in court within 7 days of the order.
5) An order directing the Attorney General to draft a legislation to address strikes in essential services, especially the health sector in order to ensure that the sector is not crippled by strikes in the future. The bill should be tabled in Parliament within 90 days of the order.
