Kenya Medical Practitioners, Pharmarcists and Dentists Uinion (KMPDU) v County Government of Nyamira [2020] eKLR Case Summary

Case Brief: Kenya Medical Practitioners, Pharmarcists and Dentists Uinion (KMPDU) v County Government of Nyamira [2020] eKLR


1. Case Information:
- Name of the Case: Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) v. County Government of Nyamira
- Case Number: Petition No. 35 of 2020
- Court: Employment and Labour Relations Court at Kisumu
- Date Delivered: October 27, 2020
- Category of Law: Civil
- Judge(s): Hon. Justice Mathews N. Nduma
- Country: Republic of Kenya

2. Questions Presented:
The central legal issues to be resolved by the court include whether the County Government of Nyamira can be restrained from victimizing and intimidating members of the KMPDU by withholding salaries and issuing show cause letters during the ongoing strike, and whether the County Government is obligated to engage in negotiations with the Union to resolve the ongoing health services crisis.

3. Facts of the Case:
The petitioner, KMPDU, filed a petition on September 15, 2020, seeking enforcement of a Collective Bargaining Agreement (CBA) effective July 6, 2017, and to declare the strike initiated by its members on September 14, 2020, as legal. The respondent, the County Government of Nyamira, allegedly retaliated against the Union members by withholding salaries, sending show cause letters, and making unreasonable transfers. The strike was initiated due to grievances concerning the implementation of the CBA, particularly regarding promotions and salary arrears.

4. Procedural History:
The Union filed an application for a prohibitory injunction on October 1, 2020, to prevent the respondent from taking punitive actions against its members. The respondent opposed this application, arguing that the strike was based on new grievances not covered by the previous agreements. The respondent claimed that they had complied with the agreements regarding promotions and that the Union had failed to call off the strike as previously agreed. The court was tasked with evaluating the merits of the application for conservatory orders.

5. Analysis:
- Rules: The court considered the principles for issuing conservatory injunctions in public sector cases, as established by the Supreme Court in Gatirau Peter Munya v. Dickson Mwenda Kithinji & 2 others [2014] Eklr. The court emphasized the need to balance public interest and constitutional values in its decisions.
- Case Law: The court referenced the aforementioned case to establish that conservatory orders should serve public interests and uphold the authority of the court. The court also examined the procedural compliance of the Union in calling for the strike, determining that it was lawful.
- Application: The court found that the respondent had not acted in good faith regarding the implementation of the CBA and had failed to honor commitments made during negotiations. The court noted that the failure to pay salary arrears and promote doctors was directly connected to the strike. Consequently, the court ruled that the respondent lacked legitimacy in punishing the doctors for participating in the strike.

6. Conclusion:
The court granted the application for a conservatory order, prohibiting the respondent from taking punitive actions against the KMPDU members and directing the respondent to honor the CBA by promoting doctors and paying salary arrears. The ruling underscored the importance of upholding agreements made in the public sector and protecting the rights of health professionals, particularly during a crisis.

7. Dissent:
There were no dissenting opinions noted in the ruling.

8. Summary:
The court's decision in Kenya Medical Practitioners, Pharmacists and Dentists Union v. County Government of Nyamira reinforces the necessity for public institutions to adhere to labor agreements and protect the rights of workers. The ruling has significant implications for labor relations in Kenya, particularly in the health sector, by emphasizing the need for constructive negotiations and fair treatment of medical professionals amidst labor disputes.