Kenya CoG: 2017 Nurses CBA Duress Claim Amid Strike

• The Council of Governors (CoG) has urged striking nurses to return to work, claiming their 2017 Collective Bargaining Agreement (CBA) was signed under duress and is financially unsustainable.
• Nurses, represented by the Kenya National Union of Nurses and Midwives (KNUNM), are demanding implementation of the 2017 return-to-work formula, conclusion of their current CBA, career progression guidelines, and permanent and pensionable terms for UHC workers.
• The nationwide Kenya nurses strike, which began on July 29, has severely disrupted public health services across various counties.
• CoG Chairperson Ahmed Abdullahi, also Wajir Governor, stated that counties require a sustainable funding framework before committing to permanent and pensionable employment for Universal Health Coverage (UHC) staff.
• Deputy President Kithure Kindiki has called for urgent dialogue between the CoG and the nurses' union, warning that prolonged health service disruption could harm Kenya's development.

The Council of Governors maintains that the 2017 Collective Bargaining Agreement, a central point of contention, was signed under duress and is financially unviable for county governments.

A nationwide strike by nurses continues to severely impact public health services across Kenya, prompting an urgent appeal from the Council of Governors (CoG) for healthcare workers to resume their duties. The industrial action, which commenced on July 29, has led to significant disruptions and delays in patient care throughout various counties. Despite the CoG's call for a return to work to facilitate ongoing negotiations, nurses remain steadfast in their demands.

The Kenya National Union of Nurses and Midwives (KNUNM) has articulated several key conditions for ending the strike. These include the full implementation of the 2017 return-to-work formula, the finalization and implementation of the current Collective Bargaining Agreement (CBA), the establishment of clear career progression guidelines, and the absorption of Universal Health Coverage (UHC) workers into permanent and pensionable employment terms. The union has made it clear that the strike will persist until these outstanding agreements are addressed and resolved.

Central to the ongoing dispute is the 2017 Collective Bargaining Agreement, which the Council of Governors asserts was signed under duress. According to CoG Chairperson Ahmed Abdullahi, who also serves as the Wajir Governor, the agreement was never fully implemented and is financially unsustainable for county governments. Abdullahi emphasized that counties cannot commit to fulfilling an agreement whose financial implications exceed their available resources, making its implementation unfeasible.

The CoG has also addressed the contentious issue of employment terms for UHC workers. Governor Abdullahi previously articulated that while there is consensus on the desirability of permanent and pensionable terms for UHC staff, the crucial factor remains the assurance of perpetual funding for such commitments. He stressed the necessity for a sustainable funding framework before counties can absorb these workers on a permanent and pensionable basis, advocating for a dialogue-based approach to resolve this and other outstanding grievances rather than continued industrial action.

The prolonged standoff has intensified pressure on both the Council of Governors and the Kenya National Union of Nurses and Midwives to reach a resolution. The dispute, characterized by long-running disagreements, has drawn the attention of national leadership, with Deputy President Kithure Kindiki urging both parties to urgently resolve the matter. Kindiki warned that continued disruption of essential health services poses a significant threat to Kenya's broader development agenda.

The Deputy President underscored the importance of prioritizing dialogue to achieve a negotiated settlement that addresses the legitimate concerns of nurses while simultaneously restoring normal healthcare services to the public. As the industrial action continues, patients across the country bear the brunt of the dispute, experiencing ongoing disruptions and delays in accessing critical medical treatment, highlighting the urgent need for a swift and amicable resolution.

Lawyers specializing in labor and employment law should track the legal arguments surrounding the CoG's claim of duress regarding the 2017 CBA, as its resolution could influence future collective bargaining negotiations and dispute resolution mechanisms in Kenya's public sector.

Source: Original reporting via Capital FM