Law students consortium head to court to stop doctors pay talks

In a filing profiled as urgent in Milimani Law Courts, the petitioners claim that the respondents who are involved in the mediation are in violation of articles 10, 19, 21, 27, 41, 232 and 259 of the Constitution.

 

The students have argued that the implementation of the CBA 2013 will unfairly treat the medical professional, way above other disciplines. They have argued that such a move will be discriminatory, contrary to the spirit and letter of the Kenyan Constitution that provides for equality of all persons under the law.

“A declaration that the ongoing negotiations between KMPDU and the government to implement the 2013 CBA are unlawful and unconstitutional,” reads the petition in part.

The students also want the court to give orders to compel respondents, to immediately stop the ongoing negotiations.

“Implementation of the CBA will occasion an even greater prejudice on the petitioners,” they argued.

The Public Service Commission, Attorney General Githu Muigai, Salaries and Remuneration Commission, National Treasury, and the Kenya Medical Practitioners Pharmacists and Dentist Union have been named as respondents in the case.

Tough talk

The 86-day-long doctors’ strike is expected to even take longer after the team leading negotiations encountered a hard rock as the government, once again, has been accused of failing to raise Sh8 Billion additional cash for doctors.

The failed talks had been postponed since Friday last week after a Court of Appeal extended the talks time by another seven days from last week.

The mediators last month said in a statement that the serial failures by the two sides would prompt them to instead draw up “an appropriate report” for the Court of Appeal in response to the earlier task, if the talks would collapse beyond February 28th (yesterday).

It is therefore expected that the negotiating team – led by the Kenya National Commission on Human Rights (KNCHR) and the Law Society of Kenya (LSK) – would eventually submit its report today.

Doctors have demanded Sh12 billion to effectively settle their demands, in addition to servicing their work place demands as documented in their “illegal” 2013 Collective Bargaining Agreement (CBA) to end the strike. The Government has so far offered only Sh4 billion.

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