High Court orders striking nurses back to work

Uasin Gishu County nurses strike over delayed payments and unfulfilled Collective Bargaining Agreement  [Wycliff Kipsang, Standard]

Nurses across the 47 counties have been ordered to report back to work immediately or face legal action from the counties.

Justice Monica Mbaru of the Employment and Labour Court in Mombasa issued orders temporarily stopping the nationwide nurse strike that commenced on July 29, 2026, and ordered the Kenya National Union of Nurses and Midwives (KNUNM) to direct its members back to work.

Justice Mbaru said on Wednesday that any nurse absent from work without proper and lawful cause shall face disciplinary action.

This is after Mombasa County Government and its Public Service Board successfully enjoined the 46 county governments to make the order national. 

“In the interim, the KNUNM (respondent) is hereby restrained from undertaking any industrial action relating to the strike notices dated July 21 and July 29 and shall direct all its members to resume duty forthwith and unconditionally to allow the court to address the claim herein on a priority basis,” said Justice Mbaru.

The judge ordered all county labour officers in the 47 counties to record attendance of nurses who report to work and compile a report in court on September 22, 2026.

“Any member of the KNUNM who will be noted by the County Labour Officer as absent from duty without lawful cause shall allow the counties to issue necessary notice to show cause why disciplinary action should not be taken,” said Justice Mbaru.

In their petition certified urgent, Mombasa County claimed that the nurses strike has crippled services in public hospitals across all the 47 counties, thereby placing patients facing emergency and inpatient care at risk.

In Mombasa County, the nurses strike paralysed medical services at all medical facilities, including Coast General Hospital, Port Reitz Hospital, Likoni District Hospital and Shimo La Tewa GK Prison Hospital.

Mombasa County, through its Counsel Murtaza Tajbhai, said that the strike had turned from a labour disagreement to a matter of immense public interest.

Tajbhai said that the nurses’ union proceeded with the said strike despite the Mombasa Public Service Board inviting the KNUNM officials for talks to avert the said strike.

The union had raised concerns over the 2025-2029 Collective Bargaining Agreement (CBA), implementation of the 2017 Return to Work Formula and pension terms for Universal Health Coverage staff care guidelines for nurses and the reinstatement of 46 nurses dismissed in Kisii County. 

However, in their petition, Mombasa County said that the said grievances could not be addressed by each county individually.

Mombasa County Service Board Chief Executive Officer Fadhil Maamum told the court in his affidavit that most of the demands required consultation with national institutions like the Salaries and Remuneration Commission, while others cannot be implemented immediately given their significant financial implications.

He said that nurses under Mombasa County have no salary arrears and had met some of the union’s demands through negotiations.

Maamum said that while the nurses’ grievances can be resolved, the patients do not have the luxury of time.

“Nurses are designated essential service providers under the Labour Relations Act and the industrial action was unlawful because the statutory dispute resolution mechanism had not been exhausted," said Maamum.

He said the court's intervention will allow for negotiations and safeguard the constitutional right to healthcare.

However, the Union said that the strike was after failed action by the counties to meet their agreed grievances despite continued negotiations.

The nurses said they will not be reporting to work unless guided by the union.