Strike by Meru health workers is illegal, court rules

The Employment and Labour Relations Court in Meru has declared a strike by health workers at public facilities in Meru County illegal.

This is after Governor Kawira Mwangaza's administration lodged a petition against members of Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU), Kenya Union of Clinical Officers, and Kenya National Union of Nurses for engaging in a strike for over 39 days, which it said had completely paralyzed services at public facilities.

Health workers downed their tools to protest alleged delayed promotions, shortage of doctors, conversion of doctors under contract terms to permanent and pensionable, and remittance of statutory deductions.

The Meru County Public Service Board, Salaries and Remuneration Commission (SRC), and Council of Governors were named as interested parties.

The county government through the county public service board signed a free will agreement with KMPDU to issue all common cadre doctors from Job Group M-N with appointment letters by November 1, 2023, and committed to address various other grievances, to forestall the strike.

It also signed agreements with the clinical officers and nurses to address their issues, which the three unions accused the petitioner of failing to implement and which led to their strike.

In its defense, the devolved unit blamed the delays in the implementation of the agreements on the delays in passing the Supplementary Budget which was supposed to provide the budget for the negotioated salary review.

“In view of the foregoing, the review of salaries for health workers was deferred to the 2024-2025 financial year budget. As a show of good factor, the petitioner wrote to the respondents updating them of the progress made towards implementation of the said negotiated agreements and requesting them to refrain from strike. The gesture by the petitioner was rejected and the respondent went on strike,” ruled Justice Onesmus Makau.

The judge ruled that the Mwangaza administration was not at fault for the strike as he ruled against the unions.

He said the strike should be called off.