Council of Governors quashes petition challenging hiring of doctors from Tanzania

The Council of Governors today trashed the petition challenging the hiring of expatriate doctors on the basis that employment regulations allowed outsourcing of labour within the East African Community (EAC).

The leadership of the county governments argued that the education system, especially that of medical doctors, had been harmonized and any qualified professionals were competent to work in any member State. Employment laws did not allow public participation and consultations with trade unions and welfare groups, the council submitted.

The Government is in the process of hiring 500 doctors from neighbouring Tanzania following the 100-day strike by medical practitioners that paralysed the public health sector since last December. The strike was eventually called off after lengthy negotiations.

The Council of Governors argued before Employment and Labour Relations Judge Nelson Abuodha that the petition by four doctors was premature and an abuse of the judicial process since the proposed recruitment is still under consideration. Further, any sanctions slapped against the government would violate its international obligations and the EAC pact.

The five aggrieved doctors_ Teddy Kahindi, Yunas Mohamed, Lillian Nyambeki, Victor Muia and Liguyani Gulenywa_ have protested the proposed recruitment of foreign doctors as malicious since the Government should have considered availability of professionals with comparable skills locally. They are opposed to deployment of foreign personnel to public medical facilities.

Justice Abuodha (pictured) extended to June 5 the restrictions he slapped on the Health Cabinet Secretary, the Chairman of the Council of County Governors, the Public Service Commission (PSC) and the Kenya Medical Practitioners and Dentists Board (KMPDB) from taking any action regarding the foreign doctors.

On March 31, the Judge had allowed the aggrieved doctors to seek orders quashing the decision to invite the expatriates. They are seeking orders to compel the central government and the counties to employ and absorb 1,400 trained and qualified medics who have been seeking better pay and allowances.