Employment and labour relations court in kisumu has ordered the county government of Nyamira to honor agreement, payment of salary arrears since 2017 and promotion of doctors.
In a ruling delivered online by Justice Mathew Nduma , he ruled that the county government of Nyamira should honor the agreement which they had with the doctors union of promotion and payment of salary arrears.
At least 150 doctors in Nyamira have been on strike for about two months now paralyzing health sectors in the county.
Kenya medical Practitioners Pharmacists and Dentist Union (KMPDU) south Nyanza branch lead by the secretary general Dr.Lameck Omweri petitioned the labour relations court asking the county government of Nyamira to comply with the Collective bBargaining Agreement (CBA) and declare their strike legal.
The court determined that upon a careful evolution of the inherent merit of the case in merit of public interest in having ordered the health sector especially the covid pandemic period and the constitution mandate public institutions to respect professionalism and professionalism in the cadre.
“The court finds the respondent is not candid even in the interim stage the way it has treated the matter, “the court ruled.
More than three years upon conclusion of the CBA the respondent pretends payment of salary arrears and promotion of doctors is a separate matter.
In their prayer, the union asked the court to give an injunction restraining the county government from victimizing, harassing and intimidating doctors by withholding their salaries and withdrawing the show cause letter to doctors pending hearing and determination of the petition.
The doctors also asked the court to issue an order directing the county government to engage in bipartite negotiation.
In response the county government argued on the grounds of opposition that the application lacks sound legal basis and is an abuse of court process.
Through an affidavit sworn in by the chief officer Dr.Jack Magara that the county government and doctors union in a meeting agreed to first track the ongoing exercise of doctors promotion and specifically with those of doctors cadre.