COURT OF APPEAL THROWS-OUT QUEST BY DOCTORS TO SET- ASIDE THEIR SENTENCE.

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Kenya Medical Practitioners Dentists and Pharmacists Union Secretary General Dr Ouma Oluga (left) with National Chairman Dr Samuel Oroko among other officials leaving employment and labour relations court after court directed it will rule on Friday.

BY SAM ALFAN.

The Court of Appeal has declined to set aside a sentence meted out by a lower court to Doctors’ union officials.

Doctors wanted the court to quash the decision sentencing them to one month imprisonment but their quest hit a snag.

The reason advanced by the court was that the union did not serve CS Cleopha Mailu with the appeal.

“We do not find it appropriate to make any orders of stay as requested by doctors, “the court ruled.

Kenya Medical Practitioners Dentists and Pharmacists Union Secretary General Dr Ouma Oluga at employment and Labour relations court on Tuesday.
Kenya Medical Practitioners Dentists and Pharmacists Union Secretary General Dr Ouma Oluga at employment and Labour relations court on Tuesday.

Instead, appellate judges GBM Kariuki, Hannah Okwengu and Jamilla Mohammed directed the doctor’s official’s union lawyer to serve the ministry of health within 48 hours and take hearing dates at the registry.

In the case the doctors union moved to the court of appeal to challenge the one month jail tern issued to them by Labor and Employment court judge Hellen Wasilwa for disobeying court orders.

 

The union officials through their lawyer argue that if jailed the ongoing negotiations will flop.

Doctors on the Nairobi street.
Doctors on the Nairobi street.

An argument the Council of Governors have dismissed as premature and an abuse of court process.

Meanwhile Judge Hellen Wasilwa is this Friday expected to make a ruling on whether she will suspend the jail term to allow the doctors continue with their negotiations.

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