Duale tells off striking clinicians, says any CBA must cover counties and referrals, not just Ministry staff

Health CS Aden Duale speaking at a past event / HANDOUT

Health Cabinet Secretary Aden Duale has poured cold water on attempts by striking clinical officers to secure a new Collective Bargaining Agreement (CBA) exclusive to a small group of 150 clinicians working under the Ministry of Health, insisting the deal must instead cover all clinicians across the public sector.

Duale said the ministry is prepared to sign the document for the 150 clinicians “even tomorrow,” but described the move as discriminatory to the more than 7,000 clinical officers employed by counties and 410 working in national referral hospitals.

“The CBA that I am to sign, which is ready, is a CBA of clinicians working at the Ministry of Health, and they are only 150,” he told the press.

His address comes after a section of clinicians who has been on strike since December 23, camped outside Afya House Wednesday over unmet demands.

“We have over 7,000 clinicians in the 47 counties, and 410 in our referral hospitals. If I sign for 150 and leave out 7,000, it becomes discriminatory and violates Article 10 of the Constitution," said Duale.

The CS said Kenya has about 33,000 trained clinicians nationwide, including those working in the private sector and others running private clinics.

The dispute, he said, revolves around risk allowance, raised from Sh3,000 to Sh7,000, an improvement he argued should benefit all clinicians, not only those stationed at the national ministry.

“The bone of contention here is risk allowance. We have taken it from 3,000 to 7,000. Let us all agree we move it to 7,000 and sign one comprehensive CBA in one meeting,” Duale said.

He told the clinicians’ leadership to consult the Council of Governors (CoG), the boards of referral hospitals and other public sector employers before a final document can be signed.

Duale questioned why the negotiators initially tabled a CBA covering only Ministry of Health clinicians, overlooking colleagues in counties and referrals.

“I don’t know why, when they were negotiating, they only negotiated for 150. Even the law will not allow me to sign a CBA that excludes 410 clinicians in referral hospitals,” he said.

The CS disclosed he has already opened talks with governors, saying all agencies including the Salaries and Remuneration Commission (SRC), Public Service Commission, National Treasury and the Ministry of Health are ready to conclude a unified agreement.

He added that ongoing Universal Health Coverage (UHC) reforms require harmonisation of terms before deployment and absorption of more health workers.

President William Ruto, he noted, has confirmed the national government will provide funds required for salaries and allowances of UHC staff and transfer the resources to counties once numbers are agreed upon.

A joint committee comprising representatives from the CoG and Health Ministry is working to actualise the decision, including factoring portions into the next supplementary budget.

Duale faulted union leaders for “misleading” their members by focusing negotiations on the small national cadre.

“I want to speak to the 7,000 clinicians in the counties and the 410 in referrals. Leaders should agitate for all clinicians, including interns finishing in July and UHC staff who are transitioning to permanent terms,” he said.

The CS emphasised his doors remain open for dialog but vowed not to be “pushed to a corner” by protests outside the Ministry of Health over a deal benefitting only 150 employees.