Post by jakaswanga on Sept 27, 2012 19:01:13 GMT 3
Sacking of Striking Doctors by Prof Anyang’ Nyong’o is Illegal
The Kenya Red Alliance would like to warn Professor Anyang’ Nyong’o that by sacking the striking workers, he is violating the law.
According to the latest news about Doctors who had gone on strike to demand higher wages, better remuneration and better working conditions, they have all been sacked by the Minister for Medical Services, Professor Anyang’ Nyng’o. When sacking the striking workers, Professor Nyong’o also announced that the sacked workers would be replaced by 1,000 medical officers and clinicians, a draconian and irresponsible move that has further demonstrated the government’s willingness to violate the new Constitution which was supposed to transform Kenya into a working democratic country.
First, Anyang’ Nynongo’s move is illegal because the new Constitution gives workers the right to go on strike as long as they give a 21 days’ notice about their intended strike action. Before they went on strike two weeks ago, the Doctors followed the Constitution to the letter by giving due notice about the strike. By sacking the Doctors unilaterally, Professor Anyang’ Nyong’o has violated the Constitution with impunity.
The current strike action by the Doctors is not the first one. The last time they went on strike, a deal was reached by the government to the effect that the government would address their demands on wage hikes and also hire 200 more Doctors to help alleviate the crisis of shortage of Doctors in Kenya. Nine months after the deal was reached, the government had not moved an inch to act on the deal, prompting Doctors to take a new strike action which has now led to the latest sackings.
Apart from the Medical Services Minister violating the Constitution by sacking the Doctors, another serious observation is that the implementation of the Constitution is increasingly being tilted in favour of the rich wealth grabbers in government. In the current impasse, it has become prudent for the government to violate the rights of the Doctors to go on strike for the sake of political survival of the thieving ruling class.
Since Doctors downed their tools, the government has found itself in an awkward situation because the strike has paralyzed the health care system, a vital public sector whose inability to function has exposed the uselessness of the government as an institution which ought to be looking into the welfare of the people of Kenya even during periods of crisis.
Without a functioning health care as a result of the Doctor’s strike, the existence of a functioning government cannot be experienced especially by sick patients unable to get medical attention because the government is unable to meet the economic demands of the Doctors. The situation was worsened by the Teacher’s strike which had brought the education system to a standstill. Although the Teachers were cheated with another fake deal which saw them return to work, it is just a matter of time before teachers return to the streets.
Within the medical profession, it is impossible for paramedical personnel to replace doctors because of huge gaps in training and aptitude. The question that has to be asked is who authorized the Medical Services Minister to sack the striking Doctors and replace them with their juniors who are supposed to be assisting the Doctors in the cause of duty. This is because what is known is that the new Constitution does not empower any Cabinet minister to sack any group of striking workers especially when such workers have followed the law prior to their strike action. So far, there is no Court of law or Constitutional court that has declared the Doctors’ strike illegal so where does a Cabinet minister get powers to act unilaterally on a matter that ought to have been before Parliament for discussion if Kenya had a functional government.
Capitalist ruling classes are known to violate the Constitution globally
To be precise, Professor Nyongo’s illegal action is further proof that the new Kenyan Constitution is a piece of paper whose implementation depends on the political and strategic interests of the corrupt ruling class. Until the implementation of this Constitution is put on the hands of Kenyan workers, it will continue to be violated by members of the ruling class whenever their interests are threatened. This is how the system works under capitalism. Members of the ruling class can evade arrest when they break the law or steal from public coffers through corruption but when toiling workers follow the Constitution to demand legitimate rights also enshrined in the same Constitution, they face the sack because their actions threaten the survival of the ruling class.
The medical officers and clinicians Nyong’o intends to use as scabs to break the Doctors’ strike ought to understand that the strike action of their colleagues is a class action which deserves support, not just from the medics but from all workers in Kenya. For this reason, the medics Nyong’o is lining up to rescue the government should refuse to be used as scabs against legitimate demands of their colleagues who have been rendering medical services under impossible conditions. It is time for the medical personnel and clinicians to show solidarity with their striking colleagues by declining to be used by the government to sabotage the struggle of their colleagues.
Just a few months ago, Professor Anyang’ Nyong’o sacked nurses when they went on strike before reinstating them due to the impossibility of replacing them at one go. The 1000 medics listed by Nyong’o need to understand that even though they have been approached to help in the crisis, they will themselves fall victims of the government’s “sacking strategy” if they one day decide to take strike action as a way of struggling for their rights. The conditions in government hospitals in Kenya is so horrible that it is impossible to imagine how Anyang’s medics will be able to operate without themselves opting for strike actions to remedy the situation. But there is more.
It is a fact that Doctors cannot be replaced by their juniors and the more critical issue which has to be examined is the question of responsibility if junior officers assigned to conduct the duties of Doctors make mistakes which could lead to loss of lives. Kenyans should not accept the bogus solutions being offered by Nyong’o unless they adopt the position that there is no government in Kenya. Who will take responsibility if lives are lost as a result of the replacement of Doctors by their juniors? Do Kenyans have a government or an irresponsible group of thieves calling themselves government?
The Kenya Red Alliance would like to warn Professor Anyang’ Nyong’o that by sacking the striking workers, he is violating the law. The Commission for the Implementation of the New Constitution, the Law Society of Kenya, the Kenya Human Rights Commission, the Central Organization of Trade Unions (COTU), the Attorney General, the Office of the Prime Minister, the Office of President and, most importantly, the Kenyan Parliament ought to intervene and not only question why a Cabinet Minister has been allowed to violate the new Constitution with impunity but also stop him right on his tracks.
Being the Secretary General of the Orange Democratic Movement (ODM) which is one of the top contenders vying for power in the next elections, Professor Nyongo’s violation of the Constitution is very disturbing. A party vying for power on a platform of change and transformation ought to be on the forefront in defending the new Constitution. Instead, Professor Nyong’o is doing the direct opposite – violating the Constitution – and this raises the question as to what the Professor is capable of doing in an ODM government.
The Kenya Red Alliances demands that: the sacking of the striking Doctors be declared illegal; that the medical personnel and clinicians being recruited to act as scabs to defeat the Doctors strike refuse to be used like toilet paper; that top government institutions especially Parliament intervene to stop the violation of the Constitution by the Minister for Medical services and that the demands of the striking Doctors be addressed immediately to end the crisis.
The rights of workers to take strike action should not be trampled upon. KRA appeals to all workers in Kenya to unite against the capitalist ruling class by joining the Alliance because this class exists principally to serve the interests of the bosses. Another issue which needs to be understood is that this class will continue to violate the Constitution in their own personal interests. This is what is known with all capitalist ruling classes across the world and Kenya is no exception.
Okoth Osewe
Secretary General
Kenya Red Alliance (KRA)
The Kenya Red Alliance would like to warn Professor Anyang’ Nyong’o that by sacking the striking workers, he is violating the law.
According to the latest news about Doctors who had gone on strike to demand higher wages, better remuneration and better working conditions, they have all been sacked by the Minister for Medical Services, Professor Anyang’ Nyng’o. When sacking the striking workers, Professor Nyong’o also announced that the sacked workers would be replaced by 1,000 medical officers and clinicians, a draconian and irresponsible move that has further demonstrated the government’s willingness to violate the new Constitution which was supposed to transform Kenya into a working democratic country.
First, Anyang’ Nynongo’s move is illegal because the new Constitution gives workers the right to go on strike as long as they give a 21 days’ notice about their intended strike action. Before they went on strike two weeks ago, the Doctors followed the Constitution to the letter by giving due notice about the strike. By sacking the Doctors unilaterally, Professor Anyang’ Nyong’o has violated the Constitution with impunity.
The current strike action by the Doctors is not the first one. The last time they went on strike, a deal was reached by the government to the effect that the government would address their demands on wage hikes and also hire 200 more Doctors to help alleviate the crisis of shortage of Doctors in Kenya. Nine months after the deal was reached, the government had not moved an inch to act on the deal, prompting Doctors to take a new strike action which has now led to the latest sackings.
Apart from the Medical Services Minister violating the Constitution by sacking the Doctors, another serious observation is that the implementation of the Constitution is increasingly being tilted in favour of the rich wealth grabbers in government. In the current impasse, it has become prudent for the government to violate the rights of the Doctors to go on strike for the sake of political survival of the thieving ruling class.
Since Doctors downed their tools, the government has found itself in an awkward situation because the strike has paralyzed the health care system, a vital public sector whose inability to function has exposed the uselessness of the government as an institution which ought to be looking into the welfare of the people of Kenya even during periods of crisis.
Without a functioning health care as a result of the Doctor’s strike, the existence of a functioning government cannot be experienced especially by sick patients unable to get medical attention because the government is unable to meet the economic demands of the Doctors. The situation was worsened by the Teacher’s strike which had brought the education system to a standstill. Although the Teachers were cheated with another fake deal which saw them return to work, it is just a matter of time before teachers return to the streets.
Within the medical profession, it is impossible for paramedical personnel to replace doctors because of huge gaps in training and aptitude. The question that has to be asked is who authorized the Medical Services Minister to sack the striking Doctors and replace them with their juniors who are supposed to be assisting the Doctors in the cause of duty. This is because what is known is that the new Constitution does not empower any Cabinet minister to sack any group of striking workers especially when such workers have followed the law prior to their strike action. So far, there is no Court of law or Constitutional court that has declared the Doctors’ strike illegal so where does a Cabinet minister get powers to act unilaterally on a matter that ought to have been before Parliament for discussion if Kenya had a functional government.
Capitalist ruling classes are known to violate the Constitution globally
To be precise, Professor Nyongo’s illegal action is further proof that the new Kenyan Constitution is a piece of paper whose implementation depends on the political and strategic interests of the corrupt ruling class. Until the implementation of this Constitution is put on the hands of Kenyan workers, it will continue to be violated by members of the ruling class whenever their interests are threatened. This is how the system works under capitalism. Members of the ruling class can evade arrest when they break the law or steal from public coffers through corruption but when toiling workers follow the Constitution to demand legitimate rights also enshrined in the same Constitution, they face the sack because their actions threaten the survival of the ruling class.
The medical officers and clinicians Nyong’o intends to use as scabs to break the Doctors’ strike ought to understand that the strike action of their colleagues is a class action which deserves support, not just from the medics but from all workers in Kenya. For this reason, the medics Nyong’o is lining up to rescue the government should refuse to be used as scabs against legitimate demands of their colleagues who have been rendering medical services under impossible conditions. It is time for the medical personnel and clinicians to show solidarity with their striking colleagues by declining to be used by the government to sabotage the struggle of their colleagues.
Just a few months ago, Professor Anyang’ Nyong’o sacked nurses when they went on strike before reinstating them due to the impossibility of replacing them at one go. The 1000 medics listed by Nyong’o need to understand that even though they have been approached to help in the crisis, they will themselves fall victims of the government’s “sacking strategy” if they one day decide to take strike action as a way of struggling for their rights. The conditions in government hospitals in Kenya is so horrible that it is impossible to imagine how Anyang’s medics will be able to operate without themselves opting for strike actions to remedy the situation. But there is more.
It is a fact that Doctors cannot be replaced by their juniors and the more critical issue which has to be examined is the question of responsibility if junior officers assigned to conduct the duties of Doctors make mistakes which could lead to loss of lives. Kenyans should not accept the bogus solutions being offered by Nyong’o unless they adopt the position that there is no government in Kenya. Who will take responsibility if lives are lost as a result of the replacement of Doctors by their juniors? Do Kenyans have a government or an irresponsible group of thieves calling themselves government?
The Kenya Red Alliance would like to warn Professor Anyang’ Nyong’o that by sacking the striking workers, he is violating the law. The Commission for the Implementation of the New Constitution, the Law Society of Kenya, the Kenya Human Rights Commission, the Central Organization of Trade Unions (COTU), the Attorney General, the Office of the Prime Minister, the Office of President and, most importantly, the Kenyan Parliament ought to intervene and not only question why a Cabinet Minister has been allowed to violate the new Constitution with impunity but also stop him right on his tracks.
Being the Secretary General of the Orange Democratic Movement (ODM) which is one of the top contenders vying for power in the next elections, Professor Nyongo’s violation of the Constitution is very disturbing. A party vying for power on a platform of change and transformation ought to be on the forefront in defending the new Constitution. Instead, Professor Nyong’o is doing the direct opposite – violating the Constitution – and this raises the question as to what the Professor is capable of doing in an ODM government.
The Kenya Red Alliances demands that: the sacking of the striking Doctors be declared illegal; that the medical personnel and clinicians being recruited to act as scabs to defeat the Doctors strike refuse to be used like toilet paper; that top government institutions especially Parliament intervene to stop the violation of the Constitution by the Minister for Medical services and that the demands of the striking Doctors be addressed immediately to end the crisis.
The rights of workers to take strike action should not be trampled upon. KRA appeals to all workers in Kenya to unite against the capitalist ruling class by joining the Alliance because this class exists principally to serve the interests of the bosses. Another issue which needs to be understood is that this class will continue to violate the Constitution in their own personal interests. This is what is known with all capitalist ruling classes across the world and Kenya is no exception.
Okoth Osewe
Secretary General
Kenya Red Alliance (KRA)