Through the Lenses of Joseph Otieno Oruoch V Kenya Medical Practitioners Pharmacists & Dentists Union & Another: Balancing the Right to Strike Versus the Right to Life and Quality Healthcare in Light of Minimum Service Principle

8 Pages Posted: 23 Aug 2022

See all articles by Ronald Bwana

Ronald Bwana

Mount Kenya University - Mount Kenya University, Parklands Law Campus, Students

Date Written: August 19, 2022

Abstract

Article 41 of the Constitution of Kenya guarantees every worker the right to go on strike. However, the Constitution is ambiguous as to the circumstances and requirements of the strikes. For that reason, Parliament enacted the Labour Relations Act which sought to cure the ambiguity of Article 41 by enunciating protected as well as prohibited strikes. This paper interrogates the right of health workers to take industrial action vis-à-vis the rights to life and quality healthcare through a case review approach. It argues that the right to strike of essential service providers is qualified where there is minimum service.

Keywords: Minimum, service, strike, right, health, life, quality, healthcare

JEL Classification: K

Suggested Citation

Bwana, Ronald, Through the Lenses of Joseph Otieno Oruoch V Kenya Medical Practitioners Pharmacists & Dentists Union & Another: Balancing the Right to Strike Versus the Right to Life and Quality Healthcare in Light of Minimum Service Principle (August 19, 2022). Available at SSRN: https://ssrn.com/abstract=4194656 or http://dx.doi.org/10.2139/ssrn.4194656

Ronald Bwana (Contact Author)

Mount Kenya University - Mount Kenya University, Parklands Law Campus, Students ( email )

Kenya
00100 (Fax)

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