County Government of Mombasa v Kenya National Union of Nurses (Cause E001 of 2025) [2025] KEELRC 2960 (KLR)
The bottom line
#Kenya's Employment Court blocked a nurses' strike in Mombasa, ruling that nurses are essential workers whose right to strike is limited by patients' right to life.
What this practically means
#Executive summary
#Key legal issues
#Whether the strike notice dated 16 December 2024 was protected and lawful
The strike notice is irregular and unlawful because the members are essential service providers under sections 78(1) and 81(3) of the LRA, conciliation had not concluded and there was no Certificate of Unresolved Dispute, and no recognition agreement existed between the parties.
The court applied the thresholds of a protected strike as set out in County Government of Marsabit v KUCO: a trade dispute over terms and conditions, referral to conciliation, seven days' written notice to the other party and the Minister, and the parties not being in essential services. The respondent's members work in health facilities, which are essential services; withdrawal of labour would lead to loss of life, which the court held is irreversible and a lawful ground for limiting the Article 41(2) right under Article 24.
Whether the respondent's counterclaim for promotion of 240 nurses, arrears and implementation of the SRC remuneration structure should be granted
The counterclaim fails because the SRC circular of 12 September 2024 took effect subject to affordability and financial sustainability, and salary structures for unionisable staff must be implemented through collective bargaining negotiations.
Relying on Galaxy Paints on joinder and the Supreme Court's decision in the NHIF case, the court held that an SRC circular gives parameters of operation whose conditions must be contextualised. The circular had conditions precedent - affordability and fiscal sustainability - and required job evaluation and negotiation of a CBA for unionisable staff. The respondent made no case that the claimant could afford implementation. The absence of a recognition agreement means the respondent must first place itself at the negotiating table before pursuing a CBA.
Legal principles established
#- The right to strike is constitutionally protected but must be exercised within permissible statutory limitations, including the essential services restrictions under the LRA
- The right to life under Article 26(1) is superior to the right to participate in industrial action for essential service providers
- An SRC circular once issued gives parties parameters within which to operate, subject to conditions and exceptional circumstances of each party
Court orders
#- 1.The respondent's and its members' notice dated 16 December 2024 is irregular and shall not be implemented
- 2.The parties shall return to the negotiation table and address relations accordingly
- 3.A report back in 30 days on 9 December 2025
- 4.No orders on costs
- Jurisdiction invoked
- Employment and Labour Relations Court Act, section 12
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "County Government of Mombasa v Kenya National Union of Nurses (Cause E001 of 2025) [2025] KEELRC 2960 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2960/eng@2025-10-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.