LSK to join the case on jailed doctors, rubbishes negligence claims

The Law Society of Kenya (LSK) is now pushing to be enjoined in the case related to the arrest and detention of Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) officials, hours after the Cord principal Raila Odinga directed the party’s legal team to intervene.

In a statement, LSK now wants to be enjoined in proceedings at the Court of Appeal where litigants in the contempt of court case against KMPDU officials are seeking to overturn the jailing of seven union leaders.

LSK’s President Isaac Okero told the press that they were keen to facilitating the resumption of dialogue terming the Monday sentencing by Lady Justice Hellen Wasilwa of the Employment and Labour Relations Court of the seven officials unfortunate and a key impediment on talks to end the impasse which is now in its 72nd day.

On the other hand, however, doctors have maintained that they will not resume the talks, as the negotiating team is in jail, opening up an avenue to push the strike into 101st day by the end of the official’s one month jail term sentence.

“The LSK shall be making an application to be enjoined in proceedings pending before the Court of Appeal as amicus curiae so that we are able to make presentations in court with a view to enable dialogue to resume,” Okero told journalists in Nairobi.

While underscoring that court orders are to be obeyed, he reckoned that the decision by the court to jail the union leaders would undermine negotiations. This he says, has created an avenue of exposing members of the public in dire need of medical attention to suffering.

“Court orders are sacrosanct, once they’ve been made even where there may be need to question them, it is the legal responsibility of every person that such orders are obeyed,” Okero said.

He has trashed claims that the LSK took a back seat in the talks to end the three months running impasse, saying that at all times he engaged parties through its team of mediators and had, in fact, offered to mediate in order to end the stalemate.

“We will continue to offer the services of our expert mediators to try and facilitate fruitful discussions and the eventual determination of this crisis,” Okero noted.

KMPDU officials serving a month-long jail term are Chairperson Samuel Oroko, Secretary General Frederick Oluga, Titus Ondoro, Allan Ochanji, Hamisi Chibanzi, Daisy Korir and Evelyne Chege.

Lady Justice Wasilwa handed the seven suspended sentences a month ago but gave them full effect Monday 13th after latest negotiations by the Central Organization of Trade Unions failed.

COTU Secretary General Francis Atwoli has since blamed union officials for their hardline positions saying they refused to heed to his advice to accept the 40 percent pay rise by the government and push for a better pay in the future.

Atwoli has, however, urged the striking doctors to form an ad hoc committee through which they can present their return to work formula to the court and apologise to the court.