Court sentences Doctors’ union officials to one month in jail

Court sentences Doctors’ union officials to one month in jail

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The Court has sentenced Doctors’ union officials to one month in jail after they failed to reach an agreement and call off medics strike as directed. The Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) officials appeared in Milimani Law Courts earlier this morning.

Judge Hellen Wasilwa had suspended their jail term and directed Central Organization of Trade Union (COTU) Secretary General Francis Atwoli to lead negotiations to bring an end to the industrial action.

The meeting which included KMPDU officials, Council of Governors, the Treasury, Salaries and Remuneration Commission (SRC) and other Government organs hit a deadlock after the doctors refused another deal offered by the government arguing that it is not what they were bargaining for.

The doctors’ union officials insisted on the implementation of the Collective Bargaining Agreement (CBA).
 
Doctors' union officials jailed one month for contempt of court

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Doctors' union officials handcuffed after judge Hellen Wasilwa sentenced them to one month in jail for defying a court order to end their strike, February 13, 2017

The Labour court has effected its month-long jail sentence for doctors union officials after their refusal to call of their strike.

Trial Judge Hellen Wasilwa ordered the doctors to end their strike that started on December 5, 2016 or go to prison for one month.

But the health workers wanted the court to suspend the sentence to pave way for talks.

"Negotiations will take place but you will serve your sentence after contempt of court," Wasilwa said in a ruling on Monday.

"I gave the sentence on conditions but the conditions have not been met to date. Interventions will proceed after my ruling."

She noted that parties were unwilling to negotiate but that the court could not be intimidated..

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Officials of the Kenya Medical Practitioners and Denstists Union at the Milimani Labour court during their sentencing for contempt of court, February 13, 2017. /COLLINS KWEYU

The prosecutor earlier asked the court to proceed with its ruling saying that the doctors had not resolved the impasse.

"The proceedings have not been settled. Kindly issue the ruling that is before this court," the prosecutor said.

Council of Governors lawyer Eunice Lumalias said judge could not delay the ruling any longer.

"Nobody has more time. Let's proceed with the issue of contempt," she said.

The KNCHR commissioner said they had made progress and asked the judge to further suspend the ruling.

But he refused to show Wasilwa documents supporting his statement.

"I want to see proof that negotiations are progressing. Show me the documents," Wasilwa had said.

Read: Inside the striking doctors’ 2013 collective bargaining agreement

A last minute intervention by Cotu and KNCHR had earned striking doctors seven more days for negotiations.

Cotu secretary general Francis Atwoli and the rights group pleaded with the judge to offer the doctors and the government a seven-day window to strike a deal.

Wasilwa agreed but warned that her patience had run out. She warned that she was unlikely to extend the suspension upon failure to reach an agreement by today.

Read: Atwoli intervention hands doctors union another 7 days for talks

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Officials of the Kenya Medical Practitioners and Denstists Union at the Milimani Labour court during their sentencing for contempt of court, February 13, 2017. /COLLINS KWEYU

Doctors are demanding the fulfillment of a CBA signed in 2013 that includes a 300 per cent pay rise and better working conditions.

Working conditions subject to review include job structures, criteria for promotions and the under-staffing of medical professionals in government hospitals.

Doctors have also accused the government of failing to stock public hospitals with basic medicines and supplies of items such as gloves.

But the Collective Bargaining Agreement was declared it illegal since it was not registered before the Industrial and Labour Court.

Doctors took it to court for registration last year, but justice Monica Mbaru ruled that their union had to negotiate a new one with the Health ministry, Salaries and Remuneration Commission and the counties.

Counties now employ nearly 90 per cent of doctors but were not involved in the 2013 CBA.

Read: Oluga explains 'unfortunate' 65-day doctors' strike to Senate

[VIDEO] Court suspends doctors' jail sentence, gives 5 days to call off strike

Doctors' union officials jailed one month for contempt of court
 
Why doctors have refused to pick up their scalpels two months on

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Members of Kenya Medical Practitioners and Dentist Union(KMPDU). (Photo: Beverlyne Musili/Standard)


What is the cause of the stalemate? How can the standoff be resolved?

Today marks 69 days of a standoff between the government and doctors. The strike has deprived many Kenyans the inalienable right to quality health care, exposing many to extreme physical injuries and financial strain.

When doctors in Kenya began the strike two months ago, they spelt out their demands clearly: they wanted the collective bargaining agreement (CBA) signed in June 2013 implemented.

The government has chosen the wrong approach to end the strike. It has attempted to coerce doctors to resume work by withholding salaries, issuing sacking letters and threatening to import foreign doctors from countries such as Cuba and India.

Union leaders have also been threatened with jail sentences for contempt of court.

These coercive machinations are intended to force doctors back to work. Instead they have strengthened their resolve. After so much sacrifice they feel there is nothing more to lose.

ALSO READ: Nurses' union chair axed for 'sabotaging' CBA talks

The doctors’ resolve has also been strengthened by the fact that the government has refused to make any concessions, sticking to the same deal the doctors’ union turned down in the first week of the strike.

What will get the doctors back to work?

The answer lies in implementing the 2013 CBA.

It covers, among other things, fair working hours, improved work environments and equipment; training, research and remuneration.

Remuneration has been the most contentious. So far the government has offered an extra allowance but no basic salary increase. For any deal to stand a chance of ending the stalemate, it needs to address all the issues, and not just the addition of a solitary allowance.

The habit of using technicalities and bureaucratic red tape to frustrate negotiations also needs to stop. And all stakeholders should be ready to come up with solutions - rather than erecting roadblocks along the road to negotiate a deal.

Ultimately, the government needs to place the interests of the public first. It is required to provide quality health care to all its citizens. Instead it has been disregarding the needs of a majority of Kenyans who cannot afford private health care.

ALSO READ: Doctors: Private hospitals arm twisting the government on our pay

What effect has the strike had over the last two months?

Millions of Kenyans are unable to access care in public hospitals.

National data shows that the number of outpatient visits in December 2016 was about half of the average in the previous six months.

In addition, the number of inpatients per month has reduced to less than a third compared to previous months. This shows that millions of patients have been unable to access care in public facilities.

The most perturbing effect is that many patients have died or suffered disability because they cannot not access medical care. On top of this, many people have been forced to seek health care services from private hospitals, incurring catastrophic financial liability.

The strike has also led to delays in training schedules. University lecturers in public medical schools across the country have been forced to stop teaching until teaching hospitals resume work. It is impossible to teach medicine without patients in hospitals.

This is likely to delay the release of new doctors who are supposed to graduate from medical schools this year, exacerbating the shortage of doctors countrywide.

ALSO READ: Doctors in last minute attempt to save officials from impending one month jail sentence

The strike has also placed a heavy workload on private and faith-based health facilities, which have had to contend with a higher number of patients. This has stretched existing facilities and human resources, potentially reducing the quality of care.

Ethically, should doctors and nurses go on strike?

Doctors are bound by the Hippocratic Oath not to harm patients under their care. That is why, for instance, those who were performing surgery when the strike started did not abandon their patients but completed the operations first.
Secondly, the oath places special obligations on doctors towards their fellow human beings – whether they are ill or not – and charges them to take all the necessary measures to benefit the sick.

In the current strike, doctors have clearly outlined the benefits of their demands to the general public. If the government meets its obligations, there will be more doctors in public service and they will be better equipped, trained and motivated.
Therefore the burden of abandoning patients is not to be borne by the doctors: the government bears the responsibility to provide health care to the people. After all Kenyans pay their taxes to the government, not to the doctors, and should expect the government to provide essential services in return.

What needs to be done to restore confidence in public health facilities?

Resolving the current strike positively would alleviate two major problems that bedevil Kenya’s public health facilities – the shortage of doctors and insufficient equipment.

ALSO READ: Work with unions to resolve pay disputes

That notwithstanding, the government will need to further address the challenge of health care financing by making it equitable. Settling medical bills is quite expensive and impoverishes many Kenyans.

The National Hospital Insurance Fund (NHIF) has been expanded to cover many health care costs but the country still falls short of universal health coverage.

Kenya also needs to empower public hospitals to take advantage of the fund’s expanded coverage to grow and improve their services.

At the moment, a disproportionately large chunk of the NHIF goes to private hospitals leaving public hospitals with constrained budgets. Public hospitals provide subsidised services and often fail to receive payment for services rendered.
This means that the hospitals cannot acquire the supplies or equipment they need to offer quality services.

Why doctors have refused to pick up their scalpels two months on
 
So sad. The CBA has been disowned by gok. The doctors should have negotiated a new CBA with an up front pay rise. Uhuru offered them a 40% hike. Wangechukua hizo then demand an increase pole pole over like 5 years. Just like the teachers did. The doctors were not wise. I think politics must have blinded their sight.
 
Kwanini wasiwape hao Madaktari wanachokitaka? Huu Mgomo unawatesa Wananchi.
 
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The Court has sentenced Doctors’ union officials to one month in jail after they failed to reach an agreement and call off medics strike as directed. The Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) officials appeared in Milimani Law Courts earlier this morning.

Judge Hellen Wasilwa had suspended their jail term and directed Central Organization of Trade Union (COTU) Secretary General Francis Atwoli to lead negotiations to bring an end to the industrial action.

The meeting which included KMPDU officials, Council of Governors, the Treasury, Salaries and Remuneration Commission (SRC) and other Government organs hit a deadlock after the doctors refused another deal offered by the government arguing that it is not what they were bargaining for.

The doctors’ union officials insisted on the implementation of the Collective Bargaining Agreement (CBA).
The war has no begun
 
Devolving health was a big big mistake
 
Devolving health was a big big mistake
Porojo ya jubilee. What did we get from 50 years if central health mgt. Vibanda as hospitals. In 3 years with jubilee sabotage if devolution, we getting a semblance if a proper hospital s
 
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