Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCDismissedPetition No. E006 of 2025

Moi Teaching & Referral Hospital v Kenya National Union of Nurses and Midwives & 3 others

Employment & Labour Relations Court of Kenya
1 October 2026
4,903 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~20 min to read original · ~4 min brief

The bottom line

#

The Employment Court declined to ban nurses' strikes, ruling that a negotiated Return-to-Work Formula—not a blanket injunction—governs the hospital-union dispute.

What this practically means

#

Executive summary

#
Moi Teaching & Referral Hospital petitioned the ELRC at Eldoret seeking declarations that the Kenya National Union of Nurses and Midwives' strike notice of 24th February 2025 and subsequent notices were unconstitutional, a permanent injunction restraining the union from exercising Articles 37 and 41(2)(d) rights, a declaration that the right to life outweighs the right to strike, and a general limitation of the union members' rights under Article 24(1). The union opposed, asserting a lawful 21-day strike notice under section 76 of the Labour Relations Act and compliance with statutory requirements. During the proceedings the parties executed a Return-to-Work Formula on 4th April 2025, adopted as a court order, calling off the strike and setting out implementation undertakings. The court, per Maureen Onyango, J, held that the Formula bound the parties as a consent order and resolved the immediate dispute while preserving outstanding obligations. All four reliefs were declined: the notice dispute was overtaken by the Formula; the injunction would impose an unjustified continuing restraint on constitutional rights; a general ranking of rights was analytically wrong; and the broad limitation was unjustified. On compliance, the court found implementation neither wholly complete nor wholly absent, noting admitted pension arrears and insufficient evidence on several clauses, and directed a verified implementation affidavit within 60 days, separated the CBA amendment process from the Formula, and allowed the union fourteen days to respond. Each party was ordered to bear its own costs.

Questions the Court framed

#

The issues the Court set itself to decide, in its own words.

  1. 1.What was the effect of the Return-to-Work Formula on the dispute arising from the strike notice dated 24th February 2025?
  2. 2.Whether the Petitioner is entitled to the declarations and permanent injunction sought in the Petition
  3. 3.Whether the parties have complied with the Return-to-Work Formula and what further orders, if any, are necessary
  4. 4.Who should bear the costs of the petition

Key legal issues

#
01

Effect of the Return-to-Work Formula on the dispute

Holding

The Formula resolved the immediate dispute over withdrawal of nursing services while preserving the parties' obligations on outstanding grievances

Reasoning

The Formula, adopted as a court order, called off the strike and provided for resumption of duty, withheld salaries, withdrawal of suspensions and protection against victimisation, but also established processes for addressing outstanding employment concerns. Relying on Wasike v Wamboko on the contractual effect of consent orders, the court held that obligations requiring further negotiation or implementation did not end upon resumption of duty.

p. 18
02

Entitlement to declarations and permanent injunction

Holding

All four reliefs sought were declined

Reasoning

The notice of 24th February 2025 was overtaken by the Return-to-Work Formula; the permanent injunction would impose a continuing restraint on distinct constitutional rights including peaceful assembly and picketing which do not necessarily involve withdrawal of services; a general ranking of the right to life above the right to strike would not resolve justification questions; and the general limitation under Article 24(1) was too broad and unjustified given the agreed framework.

p. 22
03

Compliance with the Return-to-Work Formula

Holding

Implementation is neither wholly complete nor wholly absent; pension arrears are admitted and further verification directed

Reasoning

The court assessed compliance clause by clause: insurance documents did not prove the follow-up and reporting obligations; promotions evidence required verification against clause 2 and re-designation; steps towards CBA negotiations were insufficient for full compliance; pension contributions remain outstanding despite a payment arrangement; and referral of locum allowances to the Board did not complete the undertaking. A verified implementation affidavit was ordered.

p. 28
04

Costs

Holding

Each party to bear its own costs

Reasoning

Exercising discretion under section 12(4) of the ELRC Act, the court took into account the circumstances in which the proceedings arose, the negotiated resumption of services, the continuing relationship between the parties and the outstanding implementation questions.

p. 30

Legal principles established

#
  • A consent order adopted by the court has contractual effect and binds the parties, and may only be set aside on grounds justifying setting aside an agreement
  • Calling off a strike under a Return-to-Work Formula does not amount to complete settlement of the underlying grievances or discharge undertakings requiring further action
  • A general declaration ranking the right to life above the right to strike is not the correct analytical approach; the question is whether a particular restriction is justified in the circumstances

Court orders

#
  1. 1.The declarations and permanent injunction sought in the petition are declined
  2. 2.The Return-to-Work Formula adopted as an order of the Court on 4th April 2025 remains binding upon the parties
  3. 3.The Petitioner shall within 60 days file and serve an updated implementation affidavit addressing the outstanding and disputed undertakings under the Return-to-Work Formula
  4. 4.The affidavit shall disclose the outstanding pension balance, the agreement relied upon for settlement and the applicable payment schedule
  5. 5.The CBA amendment process shall be separated from the rest of the items under the Return-to-Work Formula and removed from the list of outstanding items
  6. 6.On locum allowances, the affidavit shall distinguish payments made from matters referred to the Board and disclose any resulting decision
  7. 7.The Respondent is at liberty to file and serve a response within fourteen days of service, identifying the specific matters disputed and annexing supporting documents
  8. 8.The matter shall be mentioned thereafter for consideration of compliance and any necessary enforcement directions; either party may move the court in that regard
  9. 9.Each party shall bear its own costs

The bench

#

One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Articles 22, 23, 24, 26, 37, 41(2)(d), 43(1)(a), 43(2) and 165(3)(b) of the Constitution; Employment and Labour Relations Court Act, section 12

Relief refused

#

Declaration that the Respondent's Notice of Intended Industrial Action dated 24th February 2025 and subsequent notices are unconstitutional, null and void

The immediate dispute was resolved by the Return-to-Work Formula which called off the strike; validity of subsequent notices would require examination of their terms and circumstances

p. 19

Permanent injunction prohibiting the Respondent from exercising rights under Articles 37 and 41(2)(d)

The injunction would impose a continuing restraint on distinct constitutional rights beyond the particular industrial action

p. 21

Declaration that the right to life is greater than the right to strike

A general ranking of rights would not resolve questions of the nature, extent and justification of a particular restriction

p. 21

Declaration limiting the Respondent's members' rights under Articles 37 and 41(2)(d) under Article 24(1)

The declaration sought was too broad and the general limitation was not justified

p. 22

Costs

Each party shall bear its own costs.

Quotable passages

#

Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

Once adopted as an order of the Court, the Return-to-Work Formula became binding upon the parties.
p. 17binding effect of consent orders
The resumption of duty did not amount to a complete settlement of those grievances or discharge the undertakings requiring further action.
p. 18effect of return to work on outstanding grievances
the question for determination is whether a particular restriction on the exercise of the rights invoked is justified in the circumstances before the Court.
p. 21approach to limitation of strike rights
The need to protect patients does not warrant a prohibition covering all those activities.
p. 20scope of injunction against union activity
The declarations and permanent injunction sought in the petition are declined.
p. 30disposition
Each party shall bear its own costs.
p. 32costs order

Issues in the judgment

#
minor

Typographical errors in judgment: strike notice expiry stated as '18th March 202' and interested parties mislabelled ('1ST INTESTRED PARTY', '2ND RESPONDENT' for CS Health, '3RD INTERSTED PARTY')

minor

Conciliator's report dated 23rd March 2026 and supplementary affidavit of 4th June 2026 predate judgment of 1st October 2026 but postdate petition; chronology internally consistent but dates appear futuristic relative to filing

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Moi Teaching & Referral Hospital v Kenya National Union of Nurses and Midwives & 3 others", Case Analysis (2026). Petition No. E006 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2718/eng@2026-10-01

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.