Kenya High Court: Striking Nurses Ordered Back to Work

• High Court orders striking nurses across Kenya to report back to work immediately.
• Nurses who fail to report back without lawful cause may face disciplinary action.
• The court's decision is based on the Labour Relations Act, which designates nurses as essential service providers.
• The Collective Bargaining Agreement (CBA) between the KNUNM and county governments is at the center of the dispute.

"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.

The High Court in Kenya has ordered striking nurses across the country to report back to work immediately, or face legal action from the counties. The order was issued by Justice Monica Mbaru, the Principal Judge of the Employment and Labour Relations Court, who temporarily stopped the nationwide nurse strike that commenced on July 29, 2026. According to the court's decision, any nurse absent from work without proper and lawful cause shall face disciplinary action.

The order comes after Mombasa County Government and its Public Service Board successfully enjoined the 46 county governments to make the order national. The judge also directed 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.

The court's decision is based on the Labour Relations Act, which designates nurses as essential service providers. The act requires that disputes be resolved through statutory mechanisms before industrial action can be taken. In this case, the counties argued that the nurses' union had not exhausted these mechanisms before calling a strike.

The Collective Bargaining Agreement (CBA) between the Kenya National Union of Nurses and Midwives (KNUNM) and the county governments is also at the center of the dispute. The CBA outlines terms for salaries, benefits, and working conditions for nurses, but its implementation has been delayed due to financial constraints.

The court's intervention aims to resolve the dispute through negotiations between the union and the counties, while safeguarding the constitutional right to healthcare.

The High Court's order may have significant implications for lawyers advising clients on healthcare services in Kenya. Employers may use this precedent to address similar labour disputes, and nurses who fail to report back to work without lawful cause may face disciplinary action.

The case highlights the need for effective dispute resolution mechanisms in the healthcare sector, where timely access to medical care is critical. The court's decision also underscores the importance of collective bargaining agreements in resolving labour disputes and ensuring fair working conditions for essential service providers.

Lawyers advising clients on healthcare services in Kenya should note that the High Court's order may trigger disciplinary action against nurses who fail to report back to work without lawful cause, and employers may use this as a precedent to address similar labour disputes.

Source: Original reporting via Standard