The clinical officers’ nationwide strike is set to continue after eight counties failed to sign a collective bargaining agreement, with the Kenya Union of Clinical Officers (KUCO) maintaining that its members will not return to work until all outstanding grievances are settled.
The industrial action has now lasted more than 60 days, with 39 of the country’s 47 counties having signed the agreement. When the strike started, only 11 counties had signed the deal.
Marsabit, Wajir, Kakamega, Lamu, Mandera, Isiolo, Vasin Gishu and Baringo are the eight counties that have yet to sign the agreement.
KUCO National Chairman Peterson Wachira said some county governments were frustrating the process through intimidation of striking clinical officers and delays in putting into effect an agreement that took eight years to negotiate before it was signed in February.
Wajir has come under particular scrutiny from the union because its governor, Ahmed Abdullahi, is the chairperson of the Council of Governors (CoG).
Wachira said the county had failed to implement an agreement that was negotiated and signed through the Council of Governors despite its chairperson being at the centre of the county leadership body.
The union also raised concerns over Nairobi and Vihiga counties, accusing their officials of failing to participate in meetings ordered by the court to help resolve the dispute.
According to Wachira, Nairobi officials left a meeting on Wednesday, while the Vihiga county secretary called a meeting that the union delegation did not attend.
The dispute has also been accompanied by claims of intimidation and attacks against clinical officers in some counties.
In Makueni, Wachira said goons attacked clinical officers during demonstrations, with seven women among those assaulted.
In Murang'a, the union accused county officials of subjecting Universal Health Coverage workers who had already been confirmed on permanent and pensionable terms to suitability tests.
The Council of Governors has, however, directed all counties to implement the agreement.
CoG health committee chairman Abdulswammad Sharriff Nassir said the council would seek an explanation from the eight counties that had not complied with the directive.
"It was a decision of the full council that this is what needs to be done," said Mr Nassir, who is also the Mombasa governor.
Nassir said the council had tasked its legal and human resources departments with preparing a report on the counties that had not followed the directive.
The strike has also highlighted wider employment concerns affecting UHC and Global Fund workers.
Among the issues raised are delays in securing permanent and pensionable contracts, promotions, risk allowances and job grading.
Wachira said about 98 Global Fund laboratory workers and clinical officers had not been moved to permanent and pensionable terms, despite some having worked since 2009.
He said the Ministry of Health had been requested to absorb the workers because their positions were never transferred to county governments during devolution.
The union has also raised concerns over the enhanced risk allowance contained in the CBA.
Under the agreement, the allowance is scheduled to rise from Sh3,000 to Sh5,000 in the current financial year before increasing further to Sh7,000 next year.
Wachira blamed the Ministry of Public Service for failing to change the payroll code required to facilitate payment of the increased allowance.
KUCO General Secretary George Gibore said clinical officers would remain away from work until the union's demands were fully addressed.
He said counties that had accepted the CBA and agreed to put it into effect, including Tana River, Taita-Taveta, Kwale, Nakuru and West Pokot, had been allowed to resume services.
"Members will not go back to work until our issues are fully addressed" Mr Gibore said.
KUCO said the full implementation of the CBA remained the key requirement for ending the strike, meaning services would only return nationwide once the outstanding issues affecting its members had been resolved.