THE PEOPLE’S PETITION TO THE PRESIDENT OF KENYA: RESOLVE THE HEALTH CRISIS NOW

Preamble:

On December 5th 2016, members of Kenya Medical Practitioners, Pharmacists & Dentists Union (KPMDU) went on strike effectively paralyzing healthcare in public hospitals throughout Kenya. This was due a dispute over Collective Bargaining Agreement (CBA) signed in 2013 between KPMDU and the Ministry of Health.

Situation Report:

• As at 13th February 2017, 72 days later, the dispute has not yet been resolved.
• On 13th February 2017, officials of KPMDU were arrested for contempt of a court order that the officials should ask their members to resume work the union continues to engage the government to resolve the dispute.
• On 14th February 2017, the Kenya Medical Association gave notice for its members in private hospitals and universities to strike in 48 hours, revoked membership of Cabinet Secretary Dr. Cleopa Mailu and PS Dr. Nicholas Muraguri
• During the period of the said strike, Kenyans have undergone untold pain waiting for services that for some never came: as at 21st January 2017, a report by Saturday Nation revealed that at least 200 people had succumbed to their aliments (https://www.nation.co.ke/news/doctors--strike-rages-on/1056-3781074-p4rhunz/ As at 14th February 2017, this number could only have gone up.
• Delicate, life-saving procedures cannot be performed on patients, and even essential medicines are unavailable.

The Petition:

We, the people of Kenya, drawing our mandate from the Constitution of Kenya 2010 that:

All sovereign power belongs to the people of Kenya (Article 1) and through our democratically elected representatives and through the three state organs (Executive, Legislature & Judiciary) wish to petition the following to resolve the health crisis immediately:

1.       His Excellency, Uhuru Kenyatta, President of the Republic of Kenya.

2.       The Chief Justice of the Republic of Kenya, Justice David Maraga

3.       Speaker of the National Assembly,  Hon. Justin Muturi

4.       Speaker of Senate, Hon. Ekwe Ethuro

5.       Chairman of the Council of Governors’ of Kenya, Gov. Peter Munya

We, the people of Kenya, wish to draw the attention of President of Kenya to Article131(2)(e): The President shall ensure protection of human rights and fundamental freedoms and the rule of law.

We are dismayed that for the past 72 days our right to the highest standard of health care (Article43(1)(a) has been grossly violated, leading to untold and preventable suffering. The very right to life has been threatened. Children cannot access health services; mothers are giving birth in death-threatening circumstances.

In addition, and in full appreciation of the independence of the Judiciary, we wish to point the Chief Justice to the fact that 70 days, in matters of life and death, is too long a time to wait for justice for the families who cannot afford treatment in private hospitals. As we call for justice for poor and sick, we pray that justice will be fast in coming, as per Article159(2)(d); 159(3)(a)

To all our President and representatives through the above institutions: while we appreciate the autonomous nature under which you must function, we hope that you can sit at the same table and bring back our doctors, and ensure our health facilities are fully functional: the people who have died will not be coming back.

Resolve the Health Crisis Now.

Signed by:

Kenyans for Kenyans