The union cites a breach of the Return to Work Formula agreement that was signed in July last year as the primary reason for the industrial action.
KUCO Secretary General George Gibore stated that its members have no choice but to withdraw their services due to what they describe as a lack of goodwill from both the national and county governments, as well as from the responsible state agencies, in fully implementing the terms of the agreement.
“In view of these issues remaining unresolved past the agreed timelines and owing to lack of goodwill from the Governments and responsible State Agencies, the Union has now resolved to invoke Article 41 of the Constitution of Kenya….to call for a strike commencing after the midnight of 19th January. 2025 until all the outstanding issues are adequately resolved” Gobore warned.
Specific provisions of the deal that led to the suspension of a 99-day strike included a Collective Bargaining Agreement (CBA) that was to take effect on September 1, 2024. The agreement addressed several key issues, including:
- Promotions and re-designations for clinical officers,
- Provision of a comprehensive medical cover,
- Confirmation of Universal Health Coverage (UHC) clinical officers into permanent and pensionable terms, following consultations between the Council of Governors and the Ministry of Health, and
- Conversion of all short-term contractual employment for clinicians into permanent and pensionable terms.
“We have done numerous letters and petitions to all concerned offices over the past two months including Memorandum to the President, Petition to Senate and National Assembly, Ministry of Health and Social Health Authority without any response” Gobore stated.
“It is unfortunate that despite efforts from the Union to follow up and expedite implementation of this agreement, employers especially County Governments have remained adamant” he added.
The Union is also demanding the immediate and unconditional recognition and empanelment of health providers and practitioners registered and licensed by the Clinical Officers Council, as stipulated under the Clinical Officers Act No. 20 of 2017 (Rev. 2019).
Additionally, clinical officers are protesting against the alleged exclusion of its members from Social Health Authority (SHA).
“This discrimination and exclusion has been occasioned by the blatant, illegal and illogical refusal by Social Health Authority to recognize the facilities and practitioners registered and licensed by Clinical Officers Council. Many Kenyans have suffered and continue to suffer due to lack of critical services offered by Clinical Officers across the country with most of them paying out-of-pocket exposing them to financial hardships against SHA and UHC objectives” he regretted.
He claimed that Clinical Officers are being coerced to license their facilities with Kenya Medical Practitioners Dentist Council (KMPDC) for their facilities to be empanelled or contracted against the law and subjecting them to double licensure.
“Specialized Clinical Officers are being forced to use KMPDC license numbers from Medical Officers for pre-authorization which is illegal and has resulted in extortion” he observed.
In a notice to all relevant stakeholders, the union has expressed its openness to engage in talks aimed at ensuring uninterrupted health service delivery to all Kenyans.
“In the intervening period, we remain available for a constructive social dialogue with the Government and other key stakeholders for an amicable settlement of the issues in dispute,” the SG said.