KNCHR declares nurses' strike a human rights crisis as maternal deaths rise

Kenya National Union of Nurses and Midwives from various hospitals across the country converged in Nairobi for a strike. [Wilberforce Okwiri, Standard]

The Kenya National Commission on Human Rights (KNCHR) has warned that the ongoing nurses’ strike has escalated into a national public health and human rights crisis, with disrupted health services threatening patients’ rights to life, healthcare and emergency treatment.

In a statement, the commission said the 37-day industrial action was exposing patients to preventable suffering, indignity and loss of life, and called for urgent intervention by the national and county governments to restore essential health services.

KNCHR said it had taken note of a report by health professionals indicating that 79 deaths, comprising eight maternal, 16 neonatal and 55 perinatal deaths, were recorded between Monday, August 31, and Wednesday, September 2.

“The situation requires urgent action to prevent any further loss of life,” the commission said.

The commission called for the reported deaths to be independently verified to establish their circumstances and determine whether mortality during the strike had exceeded levels recorded during the corresponding period in 2025 and other relevant baseline periods.

It further urged the Kenya Medical Practitioners and Dentists Council (KMPDC), in collaboration with the Ministry of Health and county health authorities, to urgently investigate the reported deaths and make its findings public.

The commission said the disruption of healthcare services was particularly concerning because Article 43 of the Constitution guarantees every person the right to the highest attainable standard of health and provides that no person may be denied emergency medical treatment.

“The prolonged dispute cannot be allowed to develop into a wider public health emergency,” KNCHR said.

It called on the Ministry of Health and county governments to immediately coordinate a national emergency response to guarantee continuity of essential services, including maternity, neonatal, emergency, intensive care, dialysis, oncology, trauma, ambulance and referral services.

The commission also called for an accurate assessment of the health services affected by the strike to be made public.

The warning comes as the nurses’ strike enters its 37th day, with health professionals reporting growing disruption in public hospitals.

They said the disruption was affecting patients requiring specialised treatment, including those undergoing dialysis, as well as patients who need hospital admission.

“Most of the public healthcare facilities are not taking in admissions,” said Dr Supa Tunje, a paediatrician representing the doctors’ fraternity.

Tunje said some Level Six facilities were still able to take in patients requiring advanced or specialised care, but warned that they may not have the capacity to absorb all those seeking treatment.

The disruption has also affected maternity services, with midwives warning of the consequences for expectant mothers.

“Our women actually have gone back to giving birth in the village,” said Dr Eunice Atsali, vice-president of the Midwives Association of Kenya.

KNCHR said expectant and new mothers, newborns, children, older persons, people with disabilities, patients with chronic illnesses and other vulnerable groups were particularly at risk from the disruption.

It said these groups required heightened protection and continuity of essential services.

The strike has also disrupted clinical training for nursing, medical and clinical officer students who require mandatory placements in health facilities before graduation.

Despite its concerns over the impact on patients, KNCHR recognised the constitutional and labour rights of nurses and other health workers, including their right to fair labour practices, fair remuneration, safe working conditions, collective bargaining and lawful industrial action.

“Nurses are the backbone of healthcare delivery and must be accorded working conditions and compensation commensurate with the vital and often high-risk services they provide,” the commission said.

KNCHR called on the national and county governments to honour collective bargaining agreements with nurses and other health workers, including the 2017 Collective Bargaining Agreement.

It also urged the Kenya National Union of Nurses and Midwives (KNUNM) and other health worker unions to pursue their demands through meaningful dialogue while ensuring the uninterrupted provision of essential and emergency services.

Kenya Clinical Officers Association secretary-general Joseph Chibi warned that continued delays in resolving the dispute could result in further deaths.

“If we continue delaying, we will have many more losses,” he said.

The commission further called on the Ministry of Labour and Social Protection, the Ministry of Health and the Council of Governors to facilitate structured, good-faith negotiations and broker a time-bound resolution to the dispute.

It also urged the Social Health Authority (SHA) to ensure patients displaced from public facilities could access alternative accredited facilities without being subjected to prohibitive out-of-pocket costs.

KNCHR said the government and health worker unions should agree on an immediate and structured return-to-work framework guaranteeing a minimum package of essential health services while the underlying labour dispute is resolved.

The commission said it would continue monitoring the human rights impact of the strike, including delays or denial of emergency treatment, disruption of maternity and neonatal services and access to specialised care.

It will also establish the circumstances surrounding the reported deaths and monitor the disproportionate impact of the strike on low-income households and other vulnerable groups.