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The Nairobian

Clinical officers in Kenya insist their strike is legal despite court outlawing other medics’ boycott

Health & Science

By Graham Kajilwa | Dec 13, 2016

Kenya Union of Clinical Officers (Kuco) officials demonstrate outside Ministry of Health offices in Nairobi on December 08 2016 over salary disputes. They have opted for industrial action after the county government failed to meet their demands after expiry of a 14-day ultimatum. [PHOTO DAVID NJAAGA/STANDARD]

Clinical officers have said their strike is legal even after the court declared on Tuesday that the doctors' and nurses' strike as illegal and ordered them back to work.

Through their yet to be registered union Kenya Union of Clinical Officers (KUCO), the clinical officers asserted that their industrial action is still within the context of the law.

Led by their Secretary General George Gibore, the union accused the government of preferential treatment awarded to nurses and doctors.

"The law is very clear. You do not need a registered union to go on strike as long as you follow the laid out prescribed law to table your grievances which we have done," said Gibore.

Citing Article 37 and 41 of the constitution, Gibore said the union's strike is protected in the law and their members will keep off the health facilities until their demands are met.

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Article 37 states that every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.

Further, Article 41 on labour relations demands that every person has the right to labour practices which include fair remuneration, reasonable working conditions, to join or participate in a trade union activity and also go on strike.

On November 14, the union had issued the Ministry of Health with a 21 day strike notice that kicked off on December 8 two days after the nurses and doctors started theirs.

Consequently, the union went ahead and submitted a petition to the Health Cabinet Secretary Dr Cleopa Mailu that contained their demands.

"It is not like we took advantage of the doctors and nurses' strike. But we are not demanding anything different from what they want," said Gibore.

As part of the demands contained in the petition, the clinical officers want salary discrepancies addressed arguing that general doctors earn up to three times what they get despite both of them having degrees.

While an intern clinical officer job group K earns 68,000 a doctor makes 126,000 in job group L.

"Yet this doctor has to consult clinical specialists on which treatment to administer. Clinical officers are the first ones patients interact with but we are almost non-existent," said KUCO Deputy Secretary General Austin Oduor.