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ELRCPartially AllowedNot stated in judgment· [2025] KEELRC 2960 (KLR)

County Government of Mombasa v Kenya National Union of Nurses (Cause E001 of 2025) [2025] KEELRC 2960 (KLR)

Employment and Labour Relations Court
30 October 2025
2,810 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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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

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Executive summary

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The County Government of Mombasa (claimant) sued to restrain a strike by the Kenya Union of Nurses (respondent) pursuant to a 21-day strike notice dated 16 December 2024, seeking a permanent injunction and a declaration that the notice was irregular, illegal and unprotected. The respondent, raising nine grievances including short-term contracts, delayed promotions, non-conversion of UHC nurses, and non-implementation of the SRC circular of 12 September 2024, counterclaimed for promotion of 240 nurses, promotion arrears, and a declaration that the SRC-approved remuneration structure for county governments be implemented. The court framed three issues: the claimant's standing (addressed in a ruling of 1 July 2025), the legality of the strike notice, and the counterclaim's merit. Applying County Government of Marsabit v KUCO, the court held the strike was unprotected: 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. The court held that the right to life under Article 26(1) is superior to the right to strike, so limiting the Article 41(2) right was lawful. On the counterclaim, applying Galaxy Paints and the Supreme Court's NHIF decision, it held the SRC circular had conditions precedent of affordability and fiscal sustainability and required negotiation of a CBA, which the respondent had not placed itself to pursue absent a recognition agreement. The court declared the strike notice irregular and not to be implemented, directed the parties back to the negotiation table, ordered a report back in 30 days on 9 December 2025, and made no order on costs for industrial peace.

Key legal issues

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01

Whether the strike notice dated 16 December 2024 was protected and lawful

Holding

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.

Reasoning

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.

p. 4
02

Whether the respondent's counterclaim for promotion of 240 nurses, arrears and implementation of the SRC remuneration structure should be granted

Holding

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.

Reasoning

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.

p. 6

Legal principles established

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  • 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

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  1. 1.The respondent's and its members' notice dated 16 December 2024 is irregular and shall not be implemented
  2. 2.The parties shall return to the negotiation table and address relations accordingly
  3. 3.A report back in 30 days on 9 December 2025
  4. 4.No orders on costs
Jurisdiction invoked
Employment and Labour Relations Court Act, section 12

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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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.