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)
About the Author
Workers must not be forced to pay more for health scheme
By Leonard Kibet
Posted Thursday, September 20 2012
For the last four months, we have been treated to theatrics in the ongoing politics and mudslinging that have of late been synonymous with the National Hospital Insurance Fund (NHIF). To all the actors, kindly spare us your uncanny manoeuvres.
First, according to a report by Deloitte Consulting Limited, there is need for NHIF to widen the scope of contributions. The government, through the Ministry of Medical Services and the Ministry of Finance, should consider other sources of funds to supplement workers’ contributions.
Possible sources include tax funding from the general pool by the government through the Consolidated Fund. Matters of health are weighty and deserve national status; the government should therefore be fully involved.
The recent example is the United States of America where the Obamacare initiative is hotly debated, and could influence the November elections.
Secondly, the government should subsidise or consider tax exemption on VAT and withholding tax for NHIF.
Burden
This ensures that the burden is made lighter in the view that health is a collective responsibility and cost sharing between the State and its citizens should be the order of the day.
The new Constitution entrenches certain basic rights including the right to healthcare and education. As a result, the new Constitution vests the burden on the government.
The government cannot do everything, but it can create an enabling environment, set policies and structures, to fast-track the achievement of universal health care as per the Millennium development Goals. (MDGs).
Indeed, the Kenyan workers are heavily taxed by the government, the income and wealth discrepancy is on a record high and unchallenged in the world over. Kenyan workers have reached a breaking point and should not be pushed further.
For a country to develop its citizens should be left with adequate disposable income, enabling them to spur growth through vibrant trade and expenditure.
Kenyans are experiencing too much government virtually dictating our everyday lives.
Lastly, corruption has its tentacles deeply rooted in the system. In June, Kenyans were shocked by revelations of grand corruption involving ghost clinics that swindled our taxes.
Kibet is a Certified Public Accountant
RAILA’S ODM in for a big BOOST as Amos Wako joins
Thursday September 27, 2012 – Prime Minister Raila Odinga received a huge boost on Thursday, after former Attorney General Amos Wako officially joined the Orange Democratic Movement (ODM).
Speaking in Busia County on Thursday, Wako who is vying for Busia Senator seat said he has evaluated all the other parties and their presidential candidates, before settling for the ODM bandwagon saying it’s the only party with no tribal affiliations.
He declared his allegiance to Prime Minister Raila Odinga, saying he is focused and a reforming politician who has fought for liberation of this country for nearly half a century.Wako expressed optimism that the Orange party will form the next government and the premier will be the fourth president of Kenya.
He also said he is writing a memoir which will reveal political intrigues and conspiracy that rocked his 20 years tenure as government’s chief advisor in the Moi and Kibaki regimes.
The Kenyan DAILY POST
Since Pseudo Proffessor Anyang Nyong became sick with Prostrate/Recturm Cancer .That desease has also affected his brain. Nyongo is acting like an illitrate with passion of hate.
Minister Waititu suspended after incitement charge
Embakasi MP Ferdinand Waititu has been suspended as Water assistant minister after he was charged with incitement to violence.
President Kibaki and Prime Minister Raila Odinga asked the embattled assistant minister to step aside Thursday pending the determination of his case.
“Following charges in court against the Hon Ferdinand Waititu, President Mwai Kibaki after consultations with Prime Minister Raila Odinga has asked the Hon Waititu to step aside as an assistant minister pending the outcome of the case,” said the Presidential Press Service statement.
Earlier, the MP denied two counts of incitement to violence charges before senior principal magistrate Paul Biwott.
The magistrate ordered that Mr Waititu be remanded at the Kileleshwa Police Station until Friday when the court will rule on his bail terms.
A further direction will be given on whether the State may make amendments to his charge sheet after an affidavit presented in court touching on the murder charges is subjected to cross examination by Mr Waititu’s lawyers.
SHAME ….. Kenya AIRWAYS hiring FOREIGNERS to replace FIRED Kenyans
Friday, the 28th of September 2012 – In a development that will no doubt be described as betrayal by some, national flyer Kenya Airways has announced its decision to hire employees from outside the country to fill the manpower gap left by the sacking of 600 of its staff.
The news was relayed by KQ CEO Titus Naikuni to its shareholders;
“Plans are under way to increase the number of cabin crew from other markets such as India, Burundi, Rwanda and Ghana as we embrace the diverse cultures in the various routes that we operate,” said Naikuni.
The CEO added that the staff recruitment has already began;
“To improve our cabin services by being helpful, courteous and attentive to our customer needs, we have recruited an additional 220 people, out of whom 16 are of Thai origin,” Mr Naikuni said.
The news corresponds with what the Kenya Airline Pilots Association (KALPA) had said in a press release earl this week while joining the protests by KQ’s workers union. The statement read in part;
“Kenya Airways is in the process of hiring flight attendants from India, Rwanda and Ghana, in addition to the existing foreign crew from Ghana and Thailand,” said the KALPA statement.
KALPA chief executive Ronald Karauri was particularly disparaging of the KQ management;
“We no longer have confidence in the management’s ability to successfully restructure the firm,” said Karauri.
The Kenyan DAILY POST
OMG: Anyang’ Nyongo Asks Kenyans To Go And Count The Dead In Mortuaries And Blame It On Doctors’ Strike
Jackal News is horrified that Medical Services Minister Professor Anyang’ Nyong’o, a whole French-speaking political science professor would make this statement on a prime time news extravaganza. The good professor wanted to paint the doctors who are on strike seeking payrise as “evil killers” only to end up shooting his own foot.
”If you want to know how many people have died as a result of the doctors’ strike, go ask mortuary attendants,” said Medical Service Minister Anyang’ Nyong’o.
Professor, Kenyans sympathised with you when you announced that you had prostate cancer. You did not even have the courtesy of visiting our local hospitals and doctors; instead you took the first plane and went to see “better” medics in the US. Jackal News would like to remind you that even those doctors are well paid.
Chief, stop your arrogance anc pay doctors so that they return to work and we want you to get a chance to visit mortuaries to count dead bodies
Birds of A Feather…
Yesterday, their were murmurs that fugitive Ferdinand Waititu was hiding in Mike Sonko’s house. We choose to ignore them since they were largely unsupported. However, Nation is reporting that Sonko is in fact the man who helped Waititu sneak out of parliament.
Yesterday, we told you that Waititu may have escaped in the boot of a car belonging to one of his colleagues, and acting Nairobi Provincial Police Officer, Moses Ombati confirmed this. When asked how the MP escaped, he said, “We do not know how he got out, but we are still looking for him. He must have hidden in a boot of a car because police were inspecting passengers and drivers of all outgoing vehicles.” What was not known then was that the escape vehicle belonged to none other than Makadara legislator Mike Sonko, known to be equally if not more stubborn than Waititu.
At around 7 o’clock, 3 vehicles entered parliament and stayed inside until around 8:30 when they left. The leading vehicle is known to belong to Sonko, with the rest probably belonging to him too. Earlier, the legislator was seen ‘hanging out’ in parliament well beyond the House sitting hours, despite being on sick leave. He is believed to have come to ‘pick up’ Waititu, because they both went missing at around the same time.
However, Sonko denied setting foot in Parliament whole day Tuesday. “My car did not come to town yesterday. It was at Buruburu. I spent the day at the Nairobi Hospital visiting sick constituents,” he told the Nation. He however added that Waititu’s case is just a slip of the tongue and he should be forgiven.
nairobiwire.com
http://www.aljazeera.com/video/africa/2012/09/2012929103749759546.html
Zanzibar and Mombasa must Seceede and form sovereign States !
Nyong’o is part of the reason why politicians are defecting from ODM because of his arrogance.Watch the clip posted here on #4 and see how he harassed Citizen interviewer Lillian Muli Kanene. Surely, what did she do to deserve such tongue-lashing? She was asking him questions professionally, but the Minister owned the session by reading useless points from his file that he rudely dumped on her lap as he walked out at the end of the interview. His false promise to the doctors during the strike in March this year contributed to the current strike.
Nyong’o should not participate in active politics during the next elections because he is an embarassment to ODM and his Kisumu Rural contituency.