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REPUBLIC OF KENYA

COUNTY GOVERNMENT OF KIRINYAGA


OFFICE OF THE GOVERNOR

MEDIA STATEMENT
4th July 2019

COUNTY DIRECTIVE ON BACK TO WORK TERMS FOR


HEALTH WORKERS IN KIRINYAGA COUNTY

The Labor and Employment court sitting in Nyeri, (ELRC17 of


2019) under Justice Nzioka wa Makau has ruled that the strike
action by medical workers in Kirinyaga County is “Permanently
declared illegal, unlawful and unprotected”.

Given the Court’s ruling on the matter, the County Government of


Kirinyaga in its capacity as Employer of the said medical workers,
is justified in taking disciplinary action against personnel who have
not only been guilty of dereliction of duty but also subjected the
public to undue suffering by failing to report to work and render
services as required.

It is further notable, that the illegal strike action by the health


workers has been in contempt of court orders that ordered them
back to work on two previous occasions. Furthermore, on two prior
occasions the said health workers have also caused disturbance of
the public’s peace at Kutus in Kirinyaga County.

I would like to point out that it is critical that labor activists, and
more specifically KMPDU and indeed all health sector service
providers, first take into account the needs of Kenya’s vulnerable
citizens before considering any industrial action. More importantly,
they must at all times be guided and bound by the rule of law, and
like all citizens of good standing, submit themselves to the ruling

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of the courts, at all times. They must always be reminded of their
calling, duty, and responsibility to provide timely and effective
healthcare to our citizens, and not engage in irrelevant political
grand-standing.

They must also note, that in instances where there may be


legitimate concerns, and Kirinyaga was not the case, the default
position must never be to victimize patients, nor use those in need
of urgent medical intervention, as pawns in their personal
ambitions. It is always possible for these matters to be addressed
without abdication of duty and responsibility to our citizens and
professional ethics.

In light of these events, and in spite of the grievous consequences


of the striking health worker’s actions, I wish to extend an “Olive
Branch” to the health workers involved and would like to make
public the following points:

 That all health workers wishing to return back to work no


later than 12.00pm, noon of 5th July 2019, failure to
which the county government will proceed to terminate
their employment and engage the already shortlisted
candidates for the vacant positions.

 That medical personnel who choose to return back to


work immediately will not be victimized for their past
participation in the illegal strike action.

Going forward, I have requested the Senator of Kirinyaga County,


Hon. Charles Kibiru to convene sessions to address concerns in the
health sector while bearing in mind the constraints faced by the
County Government

Last but not least, to the people of Kirinyaga County, allow me to


re-state my unwavering commitment to delivering access to
affordable, quality healthcare for every resident and this will
remain non-negotiable.

Sincerely,

H.E. Anne Waiguru, E.G.H., O.G.W.


GOVERNOR KIRINYAGA COUNTY

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