Court halts Nairobi County's recruitment of casual and locum health workers pending a legal challenge. [File,Standard]
The Employment and Labour Relations Court has stopped Nairobi County from recruiting casual and locum health workers into a countywide pool pending the hearing of a legal challenge.
Justice Ocharo Kebira issued the conservatory order on August 10, restraining Nairobi County and its County Public Service Board from recruiting into the County Casual and Locum Pool established under the Policy on Engagement and Management of Casual and Locum Personnel in the County Public Service.
The order followed an urgent application by the Kenya Medical Practitioners, Pharmacists and Dentists' Union (KMPDU) and Kingori Nderitu, who want the entire policy declared unconstitutional.
At the centre of the dispute is pay. The policy sets locum rates of Sh120,000 a month for medical officers and Sh230,000 for consultants and specialists, figures KMPDU says fall below what Nairobi County agreed to under the 2017 Collective Bargaining Agreement (CBA) and subsequent Return-to-Work Formula.
The union argues that the difference creates two pay scales for doctors doing substantially similar clinical work depending on whether they are permanent staff or locums, violating constitutional protections on equality and fair labour practices.
KMPDU also says the Nairobi City County Assembly never scrutinised or approved the policy, arguing that this made the framework procedurally defective under Article 47 of the Constitution and the Fair Administrative Action Act.