Employment and Labour Relations Court will rule this Friday whether it will review its orders that sentenced seven doctors to a one month suspended jail term.
Justice Hellen Wasilwa said she will give the ruling on Friday after submissions from the Doctors and Council of Governors in regard to reviewing the orders.
At the same time, two house committees are set to begin investigations into the doctors’ strike that enters two months today.
Deputy speaker Joyce laboso directed the departmental committee on Health and Labour to look into the matter in order to come up with an amicable solution.
The house rules give a committee 15 days to consider any petition forwarded to them and table a report in the house for debate.
The move came after Laboso said that her office had received the petition signed by the Kenya Medical, Practitioners and Dentist Union (KPMDU) secretary general Ouma Oluga asking the house to intervene on the strike.
In the court, the Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) officials wants the court to review its orders of sentencing them to one month suspended Jail term claiming that it was unfair as the orders only targeted one side.
They argue that the council of governors have not showed any interest whatsoever in the negotiations and have not called for any meeting to call for the meeting.
Makueni Senator Mutula Kilonzo Jnr who addressed as a friend of the court stated that the frustration has been that the orders do not appear to be something that would make the other party to sit on the table and agree.
“Had you issued guidelines and timeliness so that the doctors and the Health ministry complete these negotiations as opposed in this order my lady we would not be here,” he said.
According to him, the order had stated that the strike to be suspended and the parties to go through a reconciliatory process under the auspices of the Labor Cabinet Secretary but she has not appeared in any of the proceedings or negotiations.
“Labor Cabinet Secretary has not been asked to give a report or a direction on to what the ministry has done regarding this matter. The court now needs to issue new guidelines on the way forward,” he said.
The Doctors, through their lawyers showed the court the steps that have been made by the parties to call of the strike or solve this issue.
However Council of Governors opposed to the application seeking a review of the said orders on grounds that it is an abuse of court process, lacked merit and should be thrown out.
CoG claimed that doctors have filed an appeal which overrides their application for review and have shown no remorse for their action.
Justice Wasilwa ruled that the suspended sentence still remains until Friday when she will deliver her ruling.
The seven officials facing jail are the KMPDU Chairperson Samuel Oroko, Secretary General Frederick Oluga.
Other are Titus Ondoro, Allan Ochanji, Hamisi Chibanzi, Daisy Korir and Evelyne Chege.
In their the petition the doctors, wants the National Assembly to help end the current strike, realize the allocation of 15 percent of the country’s budget to health ,commence legislative process towards creation of a health service authority to address health issues as well as enact laws to create structures for specialized work.
She said: “I direct the committee of health and labour to look in to this matter and table a report to this house expeditiously.”
Mps present in the house also called for the intervention of the committee on grounds Kenyans have been suffering since the strike began.
Makueni Mp Daniel Maanzo said that the national assembly has the powers to look in to the matter as the courts have already pronounced themselves on it.
He said: “the matter has already been resolved in court what is pending is on legality of the strike. There is a real problem I think this house can resolve.”
Murang’a county mp Sabina Chege said that it was regrettable that governors are yet to speak on the matter which has paralyzed operations in hospitals.
Seme mp James Nyikal said that there is need for the house to address itself on the matter in order save Kenyans who are dying because they cannot access health Facilities.
He said: “We have had the strike for two months, many deaths have occurred for more than two months now and we need an amicable solution to this.
