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{
    "id": 937470,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/937470/?format=api",
    "text_counter": 18,
    "type": "speech",
    "speaker_name": "Sen. Cherargei",
    "speaker_title": "",
    "speaker": {
        "id": 13217,
        "legal_name": "Cherarkey K Samson",
        "slug": "cherarkey-k-samson"
    },
    "content": "Thank you, Mr. Speaker, Sir. This is a Petition on refusal by the Ministry of Health and county governments to conclude the collective bargaining agreement negotiations. We the undersigned citizens of the Republic of Kenya and officials of the Kenya Union of Clinical Officers (KUCO), acting on our behalf and more than 20,000 clinical officers registered and practicing in Kenya, draw the attention of the Senate to the following: (1) That on 5th October, 2017 the Union, 47 county governments and the Ministry of Health entered a return-to-work formula where we were to sign a recognition agreement and commence negotiations on Collective Bargaining Agreement (CBA) within 60 days. (2) That on 10th January, parties agreed on negotiable and non-negotiable items in the proposed CBA which would guide the negotiations going forward. The union agreed on extension of negotiations up to April, 2018. (3) That in April, 2018 the Government team indicated that they were no longer willing to negotiate on disputed clauses unless the Union ceded its position on internship allowances, contracts and comprehensive medial cover would be up for negations resulted in a stalemate. (4) That on 11th April, 2018 the Ministry of Labour and Social Protection appointed a conciliator, but after three meetings, the counties through the Chief Executive Officer (CEO) to the Council of Governors (CoG) declined further summons. However, after the Cabinet Secretary (CS) intervened, it was agreed that the counties would negotiate with the union, including the disputed clauses that had earlier been declined. (5) That on May, 2019, on the first day of negations, the employers reaffirmed their earlier stand of not negotiating on contentious clauses. (6) That despite Kshs2.9 billion allocation and KShs1.2 billion budgetary allocation for internship programme, the Ministry remains non-committal on payment of diploma clinical officers leading to a second trade dispute. (7) That on 17th October, 2019, after the Alternative Dispute Resolution (ADR) mechanisms had failed, the Union resolved to call a strike. (8) That the matter is not pending before any court of law or any other constitutional or legal body. We, therefore, humbly pray that the Senate:- (1) Directs the Ministry of Health and all counties to pay clinical officers under internship. (2) Ensures the Ministry of Health and all counties conclude the CBA negotiations with KUCO and the negotiations are registered and implemented. (3) Ensures the Ministry implements the return to work formula of 5th October, 2017, including the matters on promotion and re-designation of clinical officers; and,"
}