Mailu stresses independence of Judiciary in move to jail union officials

Health Cabinet Secretary Dr Cleopa Mailu. PHOTO | FILE 

By STELLAR MURUMBA, smurumba@ke.nationmedia.com

In Summary

• Health Cabinet Secretary decries "distortion of facts" in public domain with regard to doctors' impasse.
• He also said it is was within the rights of KMPDU officials to appeal the sentence in a higher court.
• Seven KPMDU officials have been sentenced to serve a one month jail term for contempt following ruling by the Employment and Labour Relations Court.

Health Cabinet Secretary Cleopa Mailu has said the jailing of doctors' union leaders on Monday was regrettable, terming it as unfortunate as they would have found a solution to the impasse during the negotiation period.

Speaking later the same day, Dr Mailu said that the ruling was made not because the Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) officials were advocating doctors' rights but because they were found to be in contempt of court.

"The sentencing to jail the doctors' union officials is a judicial decision and not that of the Executive," said the Health CS.

"The judiciary is an independent arm of government and it is the Council of Governors that sought intervention by the Industrial Court and not the national government," he added while addressing journalists at Afya House.

Right to appeal

He also said it was within the rights of KMPDU officials to appeal the sentence in a higher court.

Dr Mailu reckons that the public interest generated by the impasse has generated diverse interpretations of the matter in the public domain hence the "distortion of facts".

"The government's offer to the doctors still stands and we would like to continue negotiations with the doctors' union towards a return to work formula and thereafter conclude the CBA," said Dr Mailu, adding that the government has been committed to dialogue towards a return to work formula and a negotiated CBA.

Seven KPMDU officials have been sentenced to serve a one month jail term for contempt following a Monday morning ruling by the Employment and Labour Relations Court.

The seven are KMPDU secretary general Ouma Oluga, Samuel Oroko (chairman), Daisy Korir (Treasurer), Evelyne Chege, Allan Ochanji, Mwachonda Chibanzi and Titus Ondoro.

Doctors have however insisted that they will not engage in talks until the seven union leaders are released.

"Bad blood"

Dr Mailu has however chosen to remain mum on allegations made by COTU secretary-general Francis Atwoli, saying that nobody should take advantage of the impasse to fuel propaganda.

Mr Atwoli, who was part of the negotiation team for the last week, has implied that bad blood between Dr Mailu and his Principal Secretary Nicholas Muraguri was a major stumbling block in resolving the doctors' strike.

"Dr Muraguri is not committed to ending the strike but instead seems determined to use the strike to settle an apparent score with Dr Mailu," Mr Atwoli said on Sunday.

Dr Mailu declined to comment on the allegations, saying Mr Atwoli was in a position to explain what he meant if need be.

"We shouldn't trivialise what is happening to Kenyans and take this trade dispute lightly. I urge anybody to move away from petty issues which in my view does not derail us from finding a solution to the doctors' impasse," said Dr Mailu.

"What transpired in the past one week...only the appointed teams are the only ones privy. I cannot speak on behalf of any member and one member's absence cannot stop progress," the CS added.