Kenya Nurses: CBA Duress Claim Fuels Strike Continuation

• The Kenya National Union of Nurses and Midwives (KNUNM) strike has entered its fifth week, demanding the signing and implementation of a Collective Bargaining Agreement (CBA).
• KNUNM Chairperson Joseph Gwosi states the Sh5.9 billion CBA cost is affordable and highlights unresolved issues including risk and uniform allowances.
• Deputy Secretary General Maurice Opetu rejects claims that the 2017 return-to-work agreement, forming the CBA draft, was signed under duress.
• The union accuses county governments of forcing nurses to work under duress by not implementing the CBA, leading to the strike.
• KNUNM has called for President William Ruto's intervention following an alleged assault on nurses during a demonstration.

Maurice Opetu, the KNUNM Deputy Secretary General, vehemently rejected assertions that the agreement, which serves as the draft for the current CBA, was signed under duress.

The Kenya National Union of Nurses and Midwives (KNUNM) has affirmed its commitment to continue the nationwide nurses' strike, now entering its fifth week. The union maintains that the industrial action will persist until the government and the Council of Governors (CoG) agree to formally sign and implement a comprehensive Collective Bargaining Agreement (CBA). This prolonged dispute underscores the deep-seated grievances within the healthcare sector, particularly concerning the terms of employment for nurses.

Joseph Gwosi, the KNUNM National Chairperson, highlighted that while some progress has been made on certain fronts, the core issue of the Kenya nurses Collective Bargaining Agreement remains unresolved. He indicated that negotiations successfully addressed the status of nurses previously working under contract for the Universal Health Coverage (UHC) program, with these individuals now receiving letters confirming their transition to permanent employment. Furthermore, the union and the Council of Governors have agreed to establish a joint committee tasked with developing clear career guidelines for nurses. Despite these advancements, the implementation of the CBA stands as the primary outstanding demand, driving the KNUNM strike continuation Kenya.

The central demand articulated by Joseph Gwosi for the striking nurses revolves around the full implementation of their Collective Bargaining Agreement. Gwosi emphasized that this agreement represents a critical "contract of working" for nurses, asserting that no consensus has been reached with the government on this vital matter. The union estimates that the financial outlay required to implement the CBA would be approximately Sh5.9 billion, an amount Gwosi contends is well within the government's financial capacity. He questioned the government's reluctance to meet this cost, especially given its ability to implement salary reviews for other public officers.

Beyond the CBA, nurses are also seeking formal recognition for the inherent risks associated with their profession. Gwosi underscored the significant exposure nurses face to infectious diseases, citing examples such as Mpox, Ebola, and COVID-19, where nurses often serve as the initial point of contact for patients before diagnosis. He declared that the risk allowance is an "irreducible minimum" and not subject to further negotiation, forming a crucial part of the Joseph Gwosi nurses demands. Additionally, the uniform allowance, a matter previously negotiated, is another component the union seeks to have addressed, alongside the career guidelines to be developed by the joint committee with the Council of Governors.

A significant point of contention in the ongoing Kenya nurses strike CBA duress claim centers on the validity of a foundational return-to-work agreement. Maurice Opetu, the KNUNM Deputy Secretary General, vehemently rejected assertions that the agreement, which serves as the draft for the current CBA, was signed under duress. Opetu clarified that this crucial return-to-work agreement was formally executed on November 2, 2017, following extensive negotiations involving both national and county government representatives. He explicitly stated that no coercion or undue pressure was exerted on any signatory during its signing, describing the process as a "harmonious meeting" characterized by mutual understanding and engagement.

In a counter-accusation, Opetu contended that it is, in fact, the county governments that have compelled nurses to work "under duress" by failing to properly implement the agreed-upon Collective Bargaining Agreement. He argued that this prolonged failure to honor the CBA, despite years of attempts to resolve the issue, ultimately pushed the union to initiate the current industrial action. This perspective highlights the union's stance on the Maurice Opetu 2017 agreement validity, framing the strike as a necessary response to governmental inaction rather than a breach of a coerced agreement.

As the KNUNM strike continuation Kenya persists, the union has escalated its appeal, directly calling for President William Ruto’s intervention. This plea follows an alleged assault on nurses during a demonstration held in Kisii, an incident that has further inflamed tensions. The union's leadership, including Maurice Opetu, has urged its members to remain steadfast in their industrial action, asserting that the union will not be deterred by threats or acts of violence during protests.

The broader context of the Council of Governors nurses dispute also involves the union's insistence on fair compensation for the inherent dangers of their work. Gwosi reiterated that nurses are frontline healthcare workers who consistently face significant health risks, making the demand for a risk allowance non-negotiable. The union's call for President Ruto nurses strike intervention underscores the gravity of the situation and the perceived lack of progress in resolving the core issues through existing negotiation channels.

Lawyers advising healthcare providers or public sector employers in Kenya should note the ongoing legal and industrial dispute surrounding the nurses' CBA, particularly the union's rejection of the 'duress' claim regarding the 2017 return-to-work agreement, which could impact future negotiations and strike legality. Compliance officers must assess service continuity risks and potential legal liabilities arising from prolonged industrial action.

Source: Original reporting via Kenyan media.