El Tribunal Supremo ordena que las enfermeras en huelga vuelvan a trabajar

High Court orders striking nurses back to work Nurses across Kenya have been directed to return to their posts immediately following a ruling by the Employment and Labour Court in Mombasa. The decision, issued by Justice Monica Mbaru, came after a nationwide strike that began on July 29, 2026, disrupted hospital services in all 47 counties. The court ordered the Kenya National Union of Nurses and Midwives (KNUNM) to ensure its members resume duties without delay, warning that those absent without lawful cause would face disciplinary measures. The strike, which initially started in Mombasa County, escalated into a nationwide action as nurses protested over delayed payments and unresolved issues related to the 2025–2029 Collective Bargaining Agreement (CBA). The union cited several grievances, including the implementation of the 2017 Return to Work Formula, pension terms for Universal Health Coverage staff, and the reinstatement of 46 nurses dismissed in Kisii County. Despite multiple attempts by the Mombasa Public Service Board to engage in dialogue, the strike persisted, leading to the court’s intervention. The court’s order follows a petition filed by Mombasa County Government, which argued that the strike had severely impacted public health services. Medical facilities such as Coast General Hospital, Port Reitz Hospital, Likoni District Hospital, and Shimo La Tewa GK Prison Hospital were among the affected sites, with operations brought to a standstill. Mombasa County’s counsel, Murtaza Tajbhai, emphasized that the strike had evolved beyond a labor dispute into a matter of public concern, affecting vulnerable patients requiring emergency and inpatient care. In his affidavit, Mombasa County Service Board Chief Executive Officer Fadhil Maamum stated that many of the union’s demands required coordination with national bodies like the Salaries and Remuneration Commission, while others could not be fulfilled due to financial constraints. He acknowledged that some of the nurses’ requests had already been addressed through negotiations, noting that there were no outstanding salary arrears in the county. However, he stressed that patient safety could not wait, citing the legal designation of nurses as essential service providers under the Labour Relations Act. Maamum further explained that the industrial action was deemed unlawful because the statutory dispute resolution process had not been fully exhausted. He argued that the court’s involvement would facilitate meaningful negotiations and protect the constitutional right to healthcare. This position was challenged by the KNUNM, which maintained that the counties had failed to resolve the grievances despite ongoing discussions. The union expressed reluctance to comply with the court’s directive, stating that its members would not return to work unless explicitly instructed by the union leadership. This stance reflects a broader tension between labor rights and public health obligations, highlighting the complex nature of the dispute. The court has set a deadline of September 22, 2026, for county labour officers to report on nurse attendance, with disciplinary actions pending for those found absent without justification. As the situation unfolds, the focus remains on ensuring continuity of critical healthcare services while addressing the underlying disputes between the union and local authorities. The outcome of this case may serve as a precedent for future labor conflicts involving essential workers.