The Court of Appeal has declined to issue an order stopping the jail term sentence for doctors’ union officials.
Judges Hannah Okwengu, GBM Kariuki and Jamila Mohammed have ruled that since the Health Cabinet Secretary was not given case documents for the appeal suit before Wednesday’s hearing, it would have been inappropriate to issue orders as requested by the Kenya Medical Practitioners, Pharmacists and Dentists Union officials.
The three judge bench directed KMPDU officials to give the case documents to CS Cleopa Mailu within 48 hours.
Eight KMPDU officials who were handed a suspended sentence had moved to the Court of Appeal to seek refuge even though the Employment and Labour Relations Court is yet to rule on the matter this Friday.
According to the Union officials, if they are jailed negotiations may be adversely affected.
But the Council of Governors argued that the appeal is premature since there is a pending verdict set for Friday.
However the Dr Maillu, through a state lawyer told the court that the hearing of the matter was inappropriate since the ministry —listed as an interested party in the case — was never issued with case documents for the appeal suit.
Consequently the doctors’ officials have just one more day to know their fate on the jail sentence passed on them for disobeying orders stopping job boycott that is on its 59th day.
The jail sentence was granted to them by Lady Justice Hellen Wasilwa on January 12 who suspended it at first for two weeks then later extended the suspension.