In Summary
  • The respondents will file their response within 21 days.
  • Doctors who are already back to work should continue with their duties while those who are still absconding will stay out.
  • The case will be mentioned on September 23, 2019 for further directions.

The Employment and Labour Relations Court has allowed the Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) to file judicial review proceedings challenging the Laikipia County government’s decision to sack 62 doctors who participated in an illegal strike in June.

In his ruling, Justice Nzioki wa Makau ordered the union to file its proceedings within 21 days and serve the county government together with its public service board.

The respondents will file their response within 21 days.

STATUS QUO

The judge said the doctors who are already back to work should continue with their duties while those who are still absconding will stay out.

“The court is minded that positions previous held by the doctors are in the process of being filled. It is also notes some of the doctors have been appointed to their positions. Status quo applies to the applicants before court pending hearing and determination of the judicial review,” said the judge.

Led by Dr Davji Bhinji Atella, who is the union’s South Rift branch secretary, the doctors said the county government terminated their employment unprocedurally by signing a shorter notice, contrary to the Public Service Human Resource Manual.

“The actions were guided by malice as the respondents have subsequently purported to withdraw termination letters of 26 doctors in a posting order dated June 28, 2019,” said Dr Atella.

AFFIDAVIT

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