A last minute intervention by Cotu and a Human rights body earned striking doctors yet another reprieve from the pending 30 days civil jail.
Cotu’s Francis Atwoli and the KNCHR on Friday pleaded with trial judge Hellen Wasilwa to offer the doctors and the government a seven day window to strike a deal.
The judge however warned that her patience had run out and was unlikely to extend the suspension should the involved parties fail to reach an agreement come February 13.
She said she would not hesitate to send the officials to jail on the eve of Valentine Day if no ground had been broken by then. The KMPDU officials are in court for ignoring orders to call off the strike. They are demanding the implementation of a CBA signed in 2013 but which the court has declared illegal since it was never registered before the Industrial and Labour Court.
Wasilwa ordered the doctors to end their strike that started on December 5, 2016 or go to jail for one month. But the doctors wanted the court to suspend the sentence to pave way for talks on ending the strike.
Wasilwa allowed them the two-week period for negotiations to avoid jail and later extended the period for doctors by another five days. Atwoli presented his interventions in Court and asked the Judge to reconsider her decisions.
“My lady give us seven more days so that we look at the CBA clauses one by one. The clause need more time,” Atwoli told the court. “Kindly let us suspend the doctor’s sentence so that we can find a solution.”
Making the ruling, Judge Wasilwa suspended its jail sentence by seven days to allow doctors to hold talks with the government.
Wasilwa said a meeting will be convened under Atwoli and be co-chaired by KNCHR. She said the meeting will include Council of Governors, Attorney General, KMPDU officials, Ministry of finance, Ministry of Labour, Salaries and Remuneration Commission.
“…and the meeting must be held as soon as yesterday.. i hope Atwoli you will not lose this battle. You have to report back to court within 7 days as requested,” Wasilwa said.
But the Judge noted that all KMPDU officials will not be present during the meeting.
“The members of the meeting must decide who they come with to the meeting to resolve the stalemate,” she said.
Wasilwa asked Atwoli not to let her down and try and resolve the doctors issue.
“If Atwoli lets me down I will deliver my ruling on February 13. The duty of this court is to find a solution to this problem,” she said. “I know that the image of the court is also at stake and it cannot be taken for granted and we have to finish this case.”
Speaking to the media after the ruling, Atwoli said “Equally as we suffer, we must consider positive responses from government.”
“What the judge has done is what the Office of the President would have done so many years ago,” Atwoli said.
The strike has emptied hospital beds as relatives take patients to care for them at home with many patients dying. Hundreds of doctors and their supporters chanted slogans outside the Court demanding for the CBA to be implemented.
Expressing solidarity with their leaders, the group blew whistles as they jumped up and down compelling pedestrians to stand and watch as others took pictures and videos.