The prolonged doctors' strike in Kenya has finally reached a resolution after 56 days, with the government and the Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) signing a return-to-work formula.
The agreement comes after the Employment and Labour Relations Court mandated both parties to devise an acceptable solution by Wednesday, May 8, 2024.
The deal marks a significant breakthrough in ending the protracted strike that began on March 14, 2024 driven by doctors' demands for better working conditions, implementation of a 2017 CBA, and addressing issues related to salaries, benefits, and career progression.
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The agreement reached between the government and KMPDU outlines several key points regarding the resolution of issues related to County Governments as follows:
1. Medical insurance
County Governments that have not provided medical cover to doctors must start the process of acquiring medical cover immediately and finalize it within 90 days. The cover should align with the guidelines set by the Salaries and Remuneration Committee and the Public Service Commission.
Doctors seconded by the Ministry of Health to Counties will transition to medical cover in line with county public servants' policies.
2. Release of doctors for postgraduate studies
Counties are to continue releasing doctors for postgraduate studies based on the 2017 Collective Bargaining Agreement. The policy on postgraduate studies will be reviewed to align the numbers and criteria for releasing doctors, including terms of bonding by County governments.
3. Employment of doctors
County Governments will recruit doctors based on resource availability and staffing norms.
4. Car loans and mortgages
County Governments will engage the National Treasury within the next 90 days for seed funding to establish a scheme for doctors to access car loans and mortgages.
5. New CBA
The Council of Governors will coordinate the negotiation of a new Collective Bargaining Agreement (CBA) with each county within 30 days, with the execution to be completed within 90 days.
6. Basic salary arrears
County Governments will pay basic pay salary arrears to doctors in accordance with the 2017-2021 CBA, following a court judgment, upon receiving a conditional grant from the National Treasury.
7. Remittance of statutory deductions
County Governments that have not remitted statutory deductions arrears must do so within 30 days.
8. Promotion, re-designation of doctors
Counties will initiate the process of promoting and re-designating doctors according to Public Service guidelines within one month, completing it by September 1, 2024.
9. Harmonization of terms of service
Terms of service for doctors employed by County Governments will be harmonized as per existing legal and policy frameworks.
10. Specific county cases
Issues related to Kirinyaga and Nairobi City County will be addressed by the respective unions and County Governments.
11. Return to work
The Kenya Medical Practitioners, Pharmacists, and Dentists Union shall immediately call off the strike, and union members must return to work within 24 hours of executing the agreement.
12. Non-victimization
There will be no victimization of employees for participating in the strike. Any disciplinary proceedings resulting from the strike notice and subsequent events are voided.
13. Matters before court
The Return to Work Formula Agreement will be adopted as consent in relevant court cases stemming from the strike notice.
The agreement aims to resolve the issues at hand and ensure a smooth return to work for doctors while also addressing their grievances and concerns.
