The Kenya National Union of Nurses wish to respond to the advertisement appearing in today’s’ Nation News Paper (p54) and Standard News Paper (p46) on VACANCIES as follows:-
- The advertisement by the Permanent Secretary is in contempt of Court Order No. 5 of 7th February,2013.This is because employment of nurses on contract is one of the issues we had raised and was by this order deferred by the court until the determination of our appeal.
- The salary that is attached to the job specifications is a manifest of the ministry’s efforts to degrade nurses and continue to hold them into modern day slavery and servitude.
- The advertisement is in contravention of the constitutions of Kenya Article 10,41,and 234 with impunity.
- The advertisement is in violation of the Employment Act 2007 and the Industrial Charter in regard to the principle of Work of Equal Value should attract equal pay.
- The advertisement is in contravention of the Employment Act 2007and the Code of Conduct 2006 as it violates the rights of nurses and these other health workers on the principle that no Kenyan who is in working age shall be employed under contract for a piece of work that exceed 28 days and shall not end any time soon and the Code of Conduct that stipulate that no Kenyan Citizen shall be employed on contract for for a period exceeding 12 months.
- It violates the Nurses Act, as it purports to employ health workers whose professional training in not regulated by any health professional body to handle patients.
- The advertisement is meant to replace those nurses whose contract is expiring,hence null and void.
- We therefor urge nurses who love this profession to boycott these sham and dubious vacancies as we weigh in the possibility of moving to court to cite the Permanent Secretary Ministry of Public Health and Sanitation for contempt of court.
- We want first the Public Service Commission to employ all nurses on contract before we can try anything else.
- Members if this is the way to go we are in for a serious fight these people really disrespect our profession.
- We must stand up and defend that which is ours.
The truth is that the moment our Petition was converted into an Appeal our union ‘s registration was placed before the court for consideration. The net effect is that the letter written to us by the Registrar of Trade Unions is still valid and we should continue to act in furthering of the activities of the union until the decision of the court is made .This is in line with the Labour Relations Act Section 23(1)(b).