KENYA MEDICAL PRACTITIONERS, PHARMACISTS & DENTISTS UNION (KMPDU)

PUBLIC ANNOUNCEMENT
COLLECTIVE BARGAINING AGREEMENT BETWEEN MINISTRY OF HEALTH AND KENYAN DOCTORS
In 2011 Kenyan doctors went on a 7 day nationwide strike to agitate for better terms and conditions of work including better ARTICLE VII: BENEFITS
remuneration. A Return to work formula was agreed upon and signed on 12th December 2011.
Health Insurance – medical, dental, eye care
The following were among the items agreed on: Doctors shall be entitled to a medical allowance as indicated in appendix A for the purchase of health insurance for themselves, their spouses
I. Establishment of task force to look into a range of issues that touch on policy and other matters, the result was the MUSYIMI TASK and children. All doctors receiving this allowance will be required to provide evidence of belonging to a medical insurance scheme.
FORCE REPORT 2012.
II. The government offered extraneous allowances ranging from KShs 30,000 - 40,000 per month with effect from 1st December Workman’s compensation
2011. All doctors shall qualify for compensation for injuries and diseases contracted due to the high risk exposure such as Drug Resistant TB which
III. Employment of 200 doctors are highly prevalent in public health facilities.
IV. That the parties agreed to negotiate in good faith with effect from 14th December 2011 on a collective bargaining agreement
(CBA), which was to be concluded within 60-90 days Retirement benefits/Service Gratuity
Doctors will be entitled to full retirement benefits when they retire either at fifty (50) years upon request or on mandatory retirement age
The CBA was NOT concluded within the 90 days. It took nearly 2 years of negotiations with the Government to conclude a CBA which of (65) years.
was finally signed on 27th June 2013. Doctors will also be entitled to service gratuity upon retirement on medical grounds provided they have served for the requisite pensionable
period.

AGREED CONTENT OF THE CBA House Mortgage

All doctors shall be entitled to a mortgage arrangement facilitated by the government at favorable interest rates.
ARTICLE 1 – TERMS OF THE AGREEMENT
i. This Agreement shall be effective from 1st July 2013 and shall remain in force for a period of two years until amended or Car loan
renewed as provided for herein. All doctors shall be entitled to a car loan arrangement facilitated by the government at favorable interest rates.
ii. The Union shall submit its proposals for the next negotiation to the Employer not less than 90 days before the expiry of the
existing Agreement. ARTICLE VIII: GRIEVANCE AND ARBITRATION

ARTICLE II: UNION RIGHTS Basic principles

Representation These procedures are intended to provide for an orderly settlement of differences in a fair and equitable manner with reasonable
The Union shall represent its members in any institution under the Ministry whose functions include labour relations, health care policy promptness.
making, health care implementation, and research. Every doctor shall have the right to present his/her grievance in accordance with the procedures provided herein, free from interference,
coercion, restraint, discrimination or reprisal.
ARTICLE III: DOCTORS RIGHTS
The entry level for doctors (Interns) shall be set at Job Group ‘M’ up from the current Job Group ‘L’. Progression will then follow the public REGISTRATION OF THE CBA
service grading system moving to job group ‘N’ as medical officers, dental officers upon completion of internship. Serving officers shall be THE CBA WAS THEN AGREED AND SIGNED BY THE NECESSARY PARTIES ON 27TH June 2013. Such an agreement between an employer
converted upwards by one job group to align with this progression. and trade union must be registered by the employer in court within 14 days of agreement, in accordance with section 60 of the labor
relations act. KMPDU in good faith trusted the employer to fulfill its obligation. The employer aware of this legal timeline intentionally or
Promotions maliciously failed to deposit the CBA for registration.
Doctors employed by the Ministry shall be promoted through the grades within the common establishment in a timely fashion based on
merit, and without prejudice or favour.

Any doctor who shall require additional training prior to any promotion shall be facilitated and sponsored to acquire the necessary trainings
well in advance of the promotion due date. This refers to all trainings with the exception of Masters Programmes.

Transfers
The Union recognizes the Ministry’s right and duty as an employer to deploy officers to all corners of the country as needed.
Transfers shall be genuine with regard to service need or own request.

Training, Development & Research

The Government shall undertake continuous professional development of all doctors under its employment.
Training shall be aligned to the realization of Vision 2030, ministries goals and objectives as outlined in the strategic plans of the
Ministries, and international standards and guidelines adopted by the country through signing and ratification.

The training budget shall be set by the Ministry of Health in line with the training needs of all serving doctors.
All doctors employed by the Government shall be eligible for sponsorship to postgraduate training after completing two years of service
after internship. This is with an objective to increase the number of specialists to serve Kenyans equitably even in remote locations.

Post graduate and Sub-Specialty courses that are not available locally shall be sponsored.
Creation of regional centers of excellence with a residency programs across the country to relieve the current congestion on Kenyatta and
Moi teaching and Referral Hospital.

Research Fund
A non-remunerative Medical Research Fund shall be established and made available to doctors who seek to carry out medical research
for the benefit of the greater public.

ARTICLE V: EMPLOYMENT CONDITIONS

Work Hours
All doctors shall work for 40 hours a week. Any extra hours worked shall be compensated as stipulated in article IV of this Agreement. AN EXTRACT FROM CBA

Gazetted Public Holidays COURT CASE

All doctors who work on gazetted Public Holidays will be granted paid days off equivalent to the number of holiday days worked. With failure of the employer to deposit the CBA in court for registration as required by law, KMPDU sought direction from the employment
and Labor Relations court through Cause No. 974 of 2015. Directions given in the judgement including a requirement that both parties’
Doctors’ Room address themselves to the Collective Bargaining Agreement as signed on the 27th June 2013. It was also directed that no party shall
Each facility shall have a Doctors’ room adequately furnished with a computer for research. frustrate the union in achieving this.

Call room Compliance with Court Ruling

Doctors will also be provided with call rooms adequately equipped with clean beds for rest when on call at night.
Medical equipment
Each Doctor in whatever facility shall be reasonably equipped with the tools and equipment necessary for the performance of his/her job.
Where this is not the case, the doctor may raise a grievance through channels prescribed under grievance and arbitration.
Support staff
A Doctor shall also be provided with adequate health professionals and other support staff for the performance of their duties. Where this
is not the case, the Doctor may raise a grievance through the channels prescribed under Grievance and Arbitration.
Safety & Health
The Ministry shall ensure that all facilities provide doctors with sufficient safety measures in accordance with occupational safety and Health
Act (OSHA).
Transport & Security
Where Doctors are expected to attend to calls at night, they shall be provided with transport and security to and from the hospital where
necessary.
Staff Housing
Where facilities have institutional houses a doctor shall be allocated such a facility.
Understaffing
The Government shall endeavor to retain the doctors currently under its employment.
The government shall additionally endeavor to employ 1200 doctors per year for the next 4 years to reduce the current gap in the number
of doctors in the public sector.
KMPDU reached out first to the employer to have the judgement adhered to but was frustrated with no response and when the response
came it was late and the committee met and discussed their terms of engagement. Unfortunately due to the lack of authority to commit
by the members from the employer team the talks collapsed leading to the issuance of a 21 day strike notice by KMPDU. The strike notice
was issued in respect to constitution of Kenya article 41 and addressed itself to the implementation of the CBA of 2013.
KMPDU CONCERNS
i. Offers from the government have consistently been given through media statement and social media without tabling the said
offers on the negotiation table. When in negotiation after seeing the offers in the press nothing new has been presented despite
the membership being apprehensive on the fact that government has strayed away from negotiation founded on the CBA.
ii. In all its offers the government has addressed itself solely on a non-existent “300% pay increase demand”and has refused to
give its position on the non-monetary issues of the CBA which addresses the work place conditions which have a direct impact in
improving delivery of health care to the greater public
iii. The RTWF signed in 2011 awarded all doctors an emergency call allowance with the aim of improving the doctors take home
salary. This was arbitrarily withdrawn vide a single circular from the ministry and all attempts to rectify this have been futile. This
experience has informed the union in its insistence of a solution founded on a CBA which offers guaranteed protection from a
repeat of this injustice. The ALLEGED 40% salary offer leaves out majority of the Kenyan Doctors.
iv. The offers given through media statements have given a scenario of doctors working in Nairobi ONLY. The Basic salary is out rightly
misleading as improved without a change. The Government states to improve entry level for doctors to Job Group M, while still
publishing offers in Job Group L. House allowance varies widely and leave allowance is paid once a year.
v. The Emergency call Allowance is paid to only 20% of the doctors. Majority of doctors are excluded from this allowance via a
circular from Ministry of Health and another from SRC.
vi. House Allowance used in press government offers only reflects for Nairobi which is not where the bulk of doctors offer service.
vii. It takes a maximum 5 years to get to earn the maximum pay in each grade.
CONCLUSION
The KMPDU is committed to a solution to the current Doctors Strike.
We call on the Government to cease from giving offers via press statements.
We await communication from Government on their readiness and willingness to Negotiate.