1. The Case at hand is between Council of Governors Vs Doctors
2. Doctor's have not been jailed for demanding their rights, but for disobeying a court order and therefore being in contempt of court according to the ruling delivered today.
3. Presidential Pardon - Some have argued that the President should exercise his powers of Mercy and have the Doctor's freed.
Two issues emerge out of that,
A) That Our 2010 constitution gave that power to a Power of Mercy committee that researches and recommends action to the President. That process has to be triggered, so far nothing has been activated on that end.
B) The Committee is currently not in office because the terms ended in November and as we speak a selection panel as dictated by law is in place to recruit the committee without which the President cannot exercise that power.
5. When faced with a similar strike in an election year, Health Minister Prof. Anyang Nyong'o played to the Gallery and approved the impossibility that we face today. Faced with the same issues, President Kenyatta has made an offer and chosen the side of economic sense, politics not withstanding
6. Please note that the order that doctor's have been found to be in contempt of; was issued even before the strike began.
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The right to picket in the constitution has limitations when it comes to provision of essential services.
Article 24 of the constitution expressly states that the right to picket, assemble or invoke industrial action can be limited through a law.
The Labour Relations Act, section 81 describes Health services as an essential service that cannot be withdrawn through industrial action.
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