Press Statement on the Ongoing Clinical Officers Strike

The Kenya Union of Clinical Officers wish to state as follows;
This Union issued a strike Notice dated 25th March, 2024; The Kenya Union of Clinical Officers formally issued a 7 days strike notice to The Government (National and Counties) bearing 10 grievances and for reason/s that: –

Despite our continuous engagement in negotiations, aimed at realizing the first Collective Bargaining Agreement (CBA) for our members since November 2017, a resolution to this effect remains elusive. Numerous industrial actions have ensued, resulting in the signing of several return-to-work formulas, none of which have been implemented. Notably, the most recent agreement, signed by the Ministry of Health in July, 2023, stipulated a 90-days’ negotiation and conclusion period for the CBA, a commitment that has been blatantly disregarded by the Government.

The court order issued by the Employment and Labour Relations Court in Pet. No. 211 of 2019 ordering parties to resume negotiations with the aim concluding the negotiations which has stalled for a long time; regrettably, the Council of Governors being a party representing the 47 constituent County Governments, has shown contempt by failing to resume the negotiations.

Failure by the employer to address the perennial issues affecting service delivery by Clinical Officers, including delayed salary payments, lack of promotions and redesignation, dire shortage of over seventy thousand Clinical Officers, discriminatory and exploitative short-term contracts, and failure to implement approved staff establishments for interns, among others, persist unabated. That despite the commitment made in The Kericho Declaration on Human Resources for Health in Kenya” signed on 18th October 2023, to address these issues within specific timelines, no tangible progress has been made.

It is important to note that our strike which commenced on 1′ April, 2024 and which was properly sanctioned as required by the Law; is valid, proper, lawful and has not been declared otherwise. We have received several threats from our members by some Counties aiming to intimidate and frustrate the strike.

This is irresponsible and goes to the core of Article 41 of the Constitution of Kenya on the right of every worker to go on strike and the right of every member of a registered trade Union to participate in the activities and programmes of that Trade Union including participating in a strike.

We have since resumed negotiations with the Ministry of Health and we parties have agreed on the negotiations’ roadmap geared towards a lasting resolution of this matter.

Additionally, and of great concern to us is the statements made by the Director General, Dr. Patrick Amoth during a live TV interview to demeaned the Clinical Officers and the critical role they play in the Universal Health Coverage. We take great exception with those sentiments which were not only inaccurate but also disrespectful to Clinical Medicine Practice in Kenya and beyond.

It is sad and most unfortunate to note that the County Governments being represented in the negotiations by the Council of Governors continues to ignore the call to resume negotiations with the Union.

This is despite the existence of Court orders issued in ELRC Pet. 211 of 2019 on 24th October, 2023 and extended further on 4th March, 2024 ordering the parties to resume negotiations.
The Council of Governors, which is the pivotal institution in the implementation of devolution, government guidelines, policies and statutes in the counties has negated its constitutional advisory and guidance mandate to the individual counties as required under Sec. 20(1) (c) of the Intergovernmental Relations Act Laws.

We therefore wish to inform all our member and the general public that the strike is still on and will continue until such a time when the employer will honor ALL the grievances contained in the strike notice duly served upon them.

As a union we remain committed to urgent resolution of this matter by all means available including but not limited to conciliations as we remain vigilant and focused to ensuring that the welfare, rights and safety of Clinical Officers is upheld at all time.

Signed on behalf of
KENYA UNION OF CLINICAL OFFICERS
George M. Gibore
GENERAL SECRETARY & CEO

Peterson Wachira, HSC
National Chairman