Public sector unions have called-off the planned strike over contentious issues surrounding the implementation of the Social Health Authority (SHA).
The industrial action 14-day notice was initially announced on October 8, 2024, and involved over ten workers’ unions, primarily representing civil servants.
The labour action was called-off by Union representatives following an agreement between the government and the workers Unions, culminating in the signing of the MoU with Cabinet Secretaries Justin Muturi (Public Service and Human Capital Development), Dr. Alfred Mutua (Labour and Social Protection), and Dr. Deborah Mlongo Barasa (Health), and the Secretary General, Union of Kenya Civil Servant, Tom Ondege.
In the signed resolution, the parties agreed that; the Ministry of Public Service shall extend the comprehensive medical insurance scheme for public servants until November 21, 2024, through the Social Health Authority (SHA), which has taken over all obligations of the defunct NHIF, including contracts. There shall be seamless access to the benefits by all public servants beyond November 21, 2024.
- The parties shall form an Ad Hoc working committee to look at all enabling legal provisions and/or regulations with a view of retaining the status que ante.
- The Committee shall be chaired by CHRP, David William Okoth Ochiel, Director Human Resource Management and Development, State Department of Public Service, with the rest of the members drawn from The Executive of the President, Ministry of Health Social Health Authority, The National Treasury, State Law Office, and Two Representatives From The Union, and any other co-opted members as may be relevant.
- The Committee’s mandate is at liberty to collaboratively work towards addressing any other issues it deems fit with any other stakeholders which are not a party to the resolution.
- The Committee shall finalise and present its Report to the parties within 21 days of its formation.
- The Ministry of Public Service shall ensure the transition of the staff of the defunct NHIF to SHA.
- All parties, including but not limited to the Committee, shall endeavour to ensure the seamless transition of staff of the defunct NHIF, in tandem with the tenets of the Social Health Insurance Act 2023, the Employment Act 2007, the Labour Relations Act, and Collective Bargaining Agreements.
- Ensuring that there are no job losses and benefits accrued to the staff of the defunct NHIF, parties shall endeavour to undertake this process in good faith and suspend any actions, including legal processes.
- On the issue of increased contributions to 2.75% of the gross salary of the Union members without any improved benefits, the Committee shall proffer proposals to address this concern within the timelines set out here above.
- The Unions shall immediately suspend the Notice of Industrial Action dated October 8, 2024.
During the signing ceremony at Harambee House, Nairobi, CS Muturi said the teething issues surrounding the migration from the defunct NHIF to the new SHA would be addressed to ensure that the process is seamless.
Muturi commended all the parties involved in the negotiations for reaching a consensus, assuring that the government is committed to addressing contentious issues in the implementation of SHA.
“Our appeal to the SHA team is to ensure that whatever hiccups which are there are addressed so as to ensure seamless provisions of services to members who are covered,” CS remarked.
The CS noted that at the beginning of the Scheme, the beneficiaries were limited to Member plus two (2) dependents (M+2), while officers on Job Group “A” to “K” were under capitation model where Civil Servants were to choose one healthcare facility where they would access services.
He said these benefits have progressively improved to (M+6) for all officers and free for service to officers on Job Group “A” to “K”. Under the free for service, officers are allowed to access any NHIF-accredited health facility.
“In recognition of the signed Collective Bargaining Agreement between the Government as an Employer and the Union of Kenya Civil Servants (UKCS) that expires on 30th June, 2025, the Government renewed the Comprehensive Medical Insurance Scheme for Civil Servants with the NHIF to the period 30th June, 2024. Upon expiry, the contract was extended to 30 September 2024 to allow for transition to SHA,” he said.
CS Mutua commended the Union’s leadership for striking a deal with the government, adding that there was no need for a breakneck confrontation and instead it is crucial to embrace consultations and consensus in resolving labour issues.
“We need to break the circle of confrontation in this country, that everything has to be confrontational for you to get what you want. We need to now start a new culture, that before you call for a strike, come up and declare a dispute, to pave the way for negotiations,” he stressed.
CS Barasa assured Kenyans of access to healthcare at all levels of health care facilities during the transition period.
Dr. Barasa assured of a seamless transition to the new SHA system, assuring that no staff of the defunct NHIF will lose their jobs and that the contributions will remain as stipulated.
She implored Kenyans to continue with their contributions to enjoy the health services.
Secretary General (SG) Ondege, who spoke on behalf of the secretary generals from other workers unions, said that the union’s concerns have been addressed, including assurance that no employee under defunct NHIF will lose their job.
Ondege said that consultation is still ongoing, including issues related to the 2.75 per cent contribution and the comprehensive medical cover previously enjoyed under the NHIF scheme.
“We do not wish to go on strike as a Union. We issued a notice to prompt the employer to address our concerns. Today, we are here to announce the cancellation of the strike because the issues that led us to file the notice are being addressed,” added Ondege.
“The engagement of Cabinet Secretaries and Union has marked a significant step toward resolving the ongoing issues and restoring confidence among union members,” he said.
He stated that the strike notice was issued to ensure the employer heard their concerns, which is why the government is now responsive.
“Today, we stand here to call off the strike,” he said. He emphasized that the decision aims to keep the government united and motivate workers to effectively serve the people of Kenya, as that is the primary goal of their collective efforts.
The SG urged Unions to unite in advocating for public interests, emphasising that no Union should feel disadvantaged.
“We want our interests to align with each other’s interests, so we can move forward together with the government,” he stated.
He also urged the SHA team to expedite their services and resolve any existing challenges, saying, “Members are facing difficulties with service delivery, but starting today, we seek your support and responsiveness.”
He reassured NHIF workers that their jobs and benefits are secure, emphasising the importance of ensuring everyone’s security and health.
With the resolution to call-off the strike, the Union leaders expressed hope that the government would address their concerns effectively, ensuring that all civil servants have access to the medical coverage they need.
The unions had complained about confusion surrounding the transition from NHIF to SHA; the members claimed the new scheme had left out civil servants with no proper health cover and demanded for 100 transitions of workers from NHIF to SHA.
The union had demanded assurance for continuity of the comprehensive health cover previously enjoyed under NHIF.
By Ian Chepkuto
