The Employment and Labour Relations Court has ordered striking doctors in Machakos to resume work pending inter partes hearings or further orders. In a ruling delivered on Friday, the court directed doctors, clinical officers, laboratory technicians, and public health officers to suspend their ongoing strike and return to work until the inter partes hearing on October 16, 2024.
Principal Judge Byram Ogaya issued the order in case number ELRCPET/E005/2024, Machakos County Government vs. Kenya Union of Clinical Officers (KUCO) and Boniface M. Mutuku, among others.
“The court has considered the application by the notice of motion and all material filed on record herein and in absence of the parties order as follows: The application and all material filed herein be served forthwith today for an inter partes hearing on October 16, 2024, at 09:30 AM or soon thereafter per cause list and video link for Court 1 sitting in Nairobi,” the court order, dated October 11, 2024, and signed by Ongaya, states.
“Pending the inter partes hearing or further orders by the Court, there shall be a stay of implementation of the strike notice dated September 24, 2024, and further stay of the strike stemming from that notice, subject to: no victimization or punishment of the union members or employees concerned in view of that strike notice or strike; and the parties shall forthwith convene to negotiate or conciliate in good faith towards an amicable resolution of the dispute, including the grievances involved and to agree on the minimum safety services in the event of such a strike by union members, with a view of recording a consent on the return date, as may be just and appropriate,” Ongaya ordered.
He further noted that the parties are at liberty to seek the assistance of the County Labour Officer in Machakos to facilitate the process as may be necessary.
“Penal Notice: Take notice that any disobedience or non-observance of the order of the court served herewith will result in penal consequences to you and any other person(s) disobeying and not observing the same,” Ongaya stated.
These court orders were issued just three days after Machakos Governor Wavinya Ndeti’s administration warned that no one would be paid for absconding from their duties. The county’s leadership made this announcement after doctors in the region downed tools on Wednesday, following the expiry of their 14-day strike notice on October 8.
The doctors had previously indicated in a press briefing that they would strike if the county government did not address their demands. Machakos County Public Service Board chairman Albanus Mutisya revealed that the devolved unit had lost approximately Sh77 million during the previous strike by healthcare providers.
“We are considering that a loss because they never worked for 50 days, and when they came back, they were paid full salaries due to a return-to-work formula we got into with them,” Mutisya said.
Mutisya, together with the County Secretary and Head of Public Service Muiya Ndambuki, addressed the press at Governor Ndeti’s office in Machakos shortly after the doctors downed tools on Wednesday.
He added, “Now, the county government is concerned that anyone involved in a go slow or strike won’t get paid. We won’t pay if you don’t work. We have been in discussion with them, we have met all demands in the health department apart from one which we are discussing, promotions.”
