Opposition senators roll out road map to solve doctors' crisis

Wiper leaders, Hassan Omar (Mombasa Senator) and Mutula Kilonzo junior (Makueni Senator) address a press conference in Nairobi on the ongoing doctor's strike in the country. (Photo David Njaaga/Standard)

A high level meeting has been convened for Thursday by the senate to bring an end to the current doctors' impasse.

The move follows the reluctance by the National Assembly to offer itself in solving the current stalemate that has seen Kenyans go for 42 days without services of doctors.

The meeting spearheaded by senators allied to the opposition (Mombasa) Hassan Omar and (Makueni) Mutula Kilonzo Jr will bring together all warring parties on one table as an 'initial step' towards ending the crisis.

Both the senate's legal committee headed by Busia Senator Amos Wako and Health Committee chair Wilfred Machage will be in attendance.
Others are officials from the Salaries and Remuneration Commission(SRC), Public Service Commission(PSC) and Council of Governors(CoG).

Senator Kilonzo will also be representing the doctors' union-Kenya Medical Practitioners Pharmacists and Dentists Union (KMPDU)- to avert a possible jail sentence that is now hanging on their necks.

Yesterday the senators allied to Wiper Party expressed their solidarity with the doctors saying it is 'unfortunate' and 'unacceptable' that the government is not willing to have the 2013 Collective Bargaining Agreement (CBA) it signed with doctors implemented.

On Thursday last week, Industrial court judge Justice Hellen Wasilwa sentenced the doctors' union officials to a one month suspended sentence effective in two week's time if they do not call off the strike.

This was from a case filed by the Council of Governors where the strike was later declared illegal.

Doctors have stood their ground since December 5, 2016 demanding to have their Collective Bargaining Agreement (CBA) signed by the government implemented or else they do not resume work.

"To begin with, CoG had no business going to court as the CBA was not signed by them but the national government. In essence, doctors are not demanding to have the salaries scheduled on the CBA honoured immediately, just and assurance and a commitment from the government," argued Senator Kilonzo.

Kilonzo criticized the sentence to jail doctors arguing that it not only contravenes the rule of justice but also is a way the courts are being used to sanitize the failures of the government in honouring its responsibilities.

"The other parties have been acting in bad faith by demonizing doctors who are just fighting not just for their right but also the right of the common Kenyan," said Kilonzo.

He added that the only outstanding issue on the doctors CBA is to have it synchronized then registered in court which ought to have been done 14 days after being signed: "For recognition agreement they have already been sent to all the 47 counties."

Some of the aspects in the CBA that need ironing is the suspension on article on salaries which was only to remain active until the Salaries and Remuneration Commission gives its input-which it has done through the job evaluation report.

The salary article is what holds life to the doctors' disputed salary demand upgrade that should see the lowest earn Sh325, 000 as gross from the offered Sh196, 000 and the highest pocket Sh852, 000.

The above adjustments are included in a 40 per cent-Sh4 billion- pay rise offer given by President Uhuru Kenyatta which doctors have since rejected.

"The alleged 40 per cent salary increment offered leaves out majority of doctors as it reflects scenario of doctors working in Nairobi only. There is still no change in the basic salaries and the emergency call allowance (which has been increased from Sh30, 000 to Sh66, 000) is only payable to 20 per cent of doctors,"KMPDU Secretary General Dr Ouma Oluga protested.

SRC Chair Sarah Serem, Treasury Cabinet Secretary Henry Rotich and Public Service Commission Chair Prof Margaret Kobia have insisted that the doctors' demands are way above other civil servants hence not implementable.

"All arguments intended to dishonour the CBA and challenge its legality are a dishonest attempt by the government to defraud the doctors what was legitimately negotiated," argued Senator Omar.

Omar said it is open that President Uhuru Kenyatta and all the 47 governors have failed to solve the crisis and so should bear the full brunt for the consequent deaths and suffering of poor Kenyans.

"The style towards ending the strike must be about negotiations, not arm twisting and intimidation. No county government should threaten or purport to sack its doctors," said Omar.

The senator further criticized the move by the government to source doctors from India saying such a substitute must be rejected.

"We on our part are exploring various interventions which include invoking the mandate of the Senate as the overseer of devolution to open avenues of negotiations based on good faith," said Omar.