Clinical officers are threatening to go on strike for the second time this year due to several counties failing to honor the Return to Work agreement signed on July 8, which had previously led to the suspension of a 99-day strike. The initial strike began on April 1 over various issues, including inadequate medical coverage, promotions, re-designations, and delays in their Collective Bargaining Agreement (CBA).
Kenya Union of Clinical Officers Secretary General George Gibore and Chairperson Peterson Wachira have expressed their frustration, stating that despite the suspension of the strike, many counties have not adhered to the agreement. Gibore pointed out that the Council of Governors is attempting to shift the negotiation of the CBA to individual counties, contrary to the original agreement that called for centralized negotiations.
Gibore highlighted that many counties are yet to implement promotions and re-designations, secure medical coverage, and harmonize terms of service, while others have reportedly victimized union members through arbitrary transfers.
According to the union, only Kajiado, Nyeri, Murang’a, Kisumu, and Busia have complied with the promotion agreement. Nyeri, Nandi, and Kisumu have re-designated staff, while Tharaka Nithi, Nyeri, Isiolo, Murang’a, Vihiga, Tana River, and Busia have managed to harmonize terms of service. Additionally, Isiolo, Laikipia, Embu, Tana River, and Kericho have provided comprehensive medical coverage.
The union has given counties a 30-day ultimatum to finalize promotions and re-designations. They are also demanding that all counties ensure comprehensive medical coverage for members by October 1 and reimburse all medical expenses incurred since September 1. Gibore emphasized that the CBA must be negotiated centrally under the Council of Governors, with a conclusion required within the next 30 days.
Furthermore, the union is calling for the harmonization of casual and contractual terms with those of permanent and pensionable staff within 30 days, as agreed in the return-to-work pact. They are also demanding that salaries and third-party deductions be processed by the fifth of each month, along with the payment of any withheld salaries from strikes in 2021 and 2024 by October 5.
“Failure to heed our demands will leave the union with no option but to resort to strike action, as all avenues have already been exhausted,” warned Wachira.
According to the Return to Work Formula (RTWF) established between the Council of Governors (CoG) and the union, employers were mandated to begin negotiating a Collective Bargaining Agreement (CBA) and finalize it within 60 days from the execution of the RTWF.
Additionally, the agreement stipulates that county governments that have not yet promoted and re-designated clinical officers are required to initiate this process in accordance with existing public service guidelines and policies within one month, completing it by September 1, 2024.
“It is unfortunate that after the timelines we set elapsed, most county governments have not implemented the return-to-work agreement,” stated Wachira.
The agreement also requires county governments to replace officers who have left due to natural attrition and to recruit clinical officers annually, depending on resource availability and aligned with staffing norms and establishments. Furthermore, the proposed risk allowance will be negotiated and disbursed upon approval from the Salaries and Remuneration Commission, as outlined in the document.