Use available mechanism to end strikes

The country has witnessed a series of industrial unrest in the public sector in the last few months. Some of these strikes have gone ahead even after being declared illegal by the Industrial Relations Court; the final arbiter as far as Labour relations are concerned.

The strikes have not only been costly in terms of loss of work output, economic and social costs but also in case of the doctors strike; the loss of human lives.

This situation ought not to be and is therefore untenable. There are mechanisms and structures that are provided by our labour laws and practice as well as international labour conventions, which, when well utilised will achieve the same results aggrieved parties seek without the accompanying consequences of prolonged and unnecessary strikes. These include conciliation and mediation that should be conducted with absolute good faith and within the spirit of give and take before matters are escalated to either the Employment and Labour Relations Court or withdrawal of labour.

The outcome of mediation and conciliation would normally lead to an agreement on any dispute including a Collective Bargaining Agreement (CBA) which will subsequently need to be registered in court to have the force of law.

Where there is an agreement to disagree, the same is also subjected to the court for final determination. In other words, aggrieved parties always have avenues for legal redress as provided by our labour laws.

In Labour relations practice, parties are expected to exhaust the machinery provided at the bipartite (between employer and workers) and tripartite level (where a conciliator/mediator is involved) before resulting to industrial action.

It should be noted that on these matters, both the workers and Employers have rights and obligations enshrined in our constitution as well as labour laws.

In the case of the ongoing Doctors’ strike, (the sector they operate in is protected from strikes as an Essential service) the Ministry of EAC, Labour and Social Protection did and continues to provide the forum for mediation and conciliation at the tripartite level.

Similarly, the Ministry of Health and the Council of Governors (COG) have constantly convened talks to resolve the matter at the bipartite level.

It should also be noted that this dispute is a matter in court, and therefore the above interventions are conducted without prejudice to the court processes.

It behooves the leadership of the doctors union to take seriously their obligations under the law and the Hippocratic Oath they took to protect human life and thus call off the strike to create a conducive environment for negotiations on a CBA that is beneficial to their membership and affordable to the Employer.

I appeal to all those who are not party to the dispute to refrain from actions and utterances that would jeopardize the ongoing dialogue.

I also urge the doctors’ fraternity to commit to honest, frank and open negotiations to facilitate quick resolution of the dispute.