A last minute intervention by Cotu and a human rights body has earned striking doctors yet another reprieve in the matter of their 30-day jail sentence.
Cotu secretary general Francis Atwoli and the KNCHR pleaded with trial judge Hellen Wasilwa to offer the doctors and the government a seven-day window to strike a deal.
Wasilwa agreed but warned that her patience had run out. She underlined that she unlikely to extend the suspension should the involved parties fail to reach an agreement come February 13.
The judge said in her ruling in Friday that she would not hesitate to send the officials to jail on the eve of Valentine Day.
The KMPDU officials are in court for ignoring orders to call off the strike.
They are demanding the implementation of a CBA signed in 2013 but which the court has declared illegal since it was not registered before the Industrial and Labour Court.
Wasilwa ordered the doctors to end their strike that started on December 5, 2016 or go to prison for one month.
But the doctors wanted the court to suspend the sentence to pave way for talks on ending the strike.
Wasilwa allowed them a two-week period for negotiations to avoid jail and later extended the period by another five days.
[VIDEO] Court suspends doctors' jail sentence, gives 5 days to call off strike
But while presenting his arguments in court, Atwoli asked Wasilwa to reconsider her decisions.
"Give us seven more days so that we look at the CBA clauses one by one. The clause need more time," he said. "Kindly let us suspend the doctors sentence so that we can find a solution."
The judge Atwoli and the rights group will convene a meeting with the Council of Governors, Attorney General, KMPDU officials, the Finance and Labour ministries and the Salaries and Remuneration Commission.
Wasilwa said all officials of the Kenya Medical Practitioners and Doctors Union must attend the meeting.
"The members of the meeting must decide who they come with to the meeting to resolve the stalemate," she said.
"...and the meeting must be held as soon as yesterday.. I hope Atwoli you will not lose this battle. You have to report back to court within seven days as requested."
Wasilwa asked Atwoli not to let her down, noting she will be forced to find a solution should he do so.
"I know the image of the court is also at stake. It cannot be taken for granted... we have to finish this case," she said.
Atwoli told the media after the ruling that positive responses from the government must be considered in light of the suffering the strike has resulted in.
"What the judge has done is what the Office of the President should have done so many years ago," said the secretary general.
Read: KMPDU team not the first to face jail term
Also read: Government fails to avert health workers' strike
The strike has emptied hospital beds as relatives take patients home. At least 20 people have died since the strike began.
Hundreds of doctors and their supporters chanted slogans outside the court demanding for the CBA to be implemented.
Expressing solidarity with their leaders, the group blew whistles as they jumped, causing pedestrians to stop to look at the spectacle, and others to take pictures and videos.
"Hatuogopi serikali, hatuogopi (We are not afraid of the government)," the doctors chanted as the hearing went on.
The medics want a 300 per cent pay rise and better working conditions, in line with the Collective Bargaining Agreement.
They took the CBA to court for registration last year, but justice Monica Mbaru ruled that the union had to negotiate a new one with the Health ministry, Salaries and Remuneration Commission and the counties. Counties now employ nearly 90 per cent of doctors but were not involved in the 2013 CBA.
Working conditions subject to review include job structures, criteria for promotions and the under-staffing of medical professionals in government hospitals.
Doctors have also accused the government of failing to stock public hospitals with basic medicines and supplies of items such as gloves.
Read: Kenyans opposed to doctors’ strike — Ipsos
Also read: Inside the striking doctors’ 2013 collective bargaining agreement
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