Court halts nationwide nurses' strike, orders immediate return to work
Nurses dancing outside Afya House in Nairobi on July 30, 2026 during the Kenya National Union of Nurses workers protests demanding the implementation of their Collective Bargaining Agreement (CBA) and calling on the Council of Governors (CoG) to sign and honor the negotiated deal.
The Employment and Labour Relations Court in Mombasa has suspended the nationwide nurses' strike and ordered union members to resume work immediately pending the hearing and determination of the dispute.
The ruling is expected to restore healthcare services disrupted across public hospitals.
Justice Monica Mbaru certified as urgent a case challenging the legality of the industrial action and issued interim orders directing the Kenya National Union of Nurses (KNUN) to instruct its members employed by Mombasa County and the other 46 county governments to return to work immediately to avert further suffering and possible loss of life.
However, nurses in several counties boycotted the order, insisting they would only resume duty after receiving instructions from the union's national office.
"In the interim, the respondent is hereby restrained from undertaking any industrial action relating to the strike notices dated July 21 and July 29, and shall direct all its members in the employment of the claimant and interested parties to resume duty forthwith and unconditionally to allow the court to address the claim herein on a priority basis," Justice Mbaru ruled in orders dated August 3.
The judge directed County Labour Officers in all 47 counties to record the attendance of nurses who report back to work and file compliance reports in court on September 22.
She further warned that any KNUN member who remains absent from duty without lawful cause would be liable to disciplinary action.
"In the interim, any member of the KNUN noted by the County Labour Officer as absent from duty without lawful cause shall allow the counties to issue the necessary notice to show cause why disciplinary action should not be taken," she ruled.
Crippled services
The nationwide strike, which began on July 29, has crippled services in public hospitals across the country, prompting the Mombasa County Government and the Mombasa County Public Service Board to move to court seeking orders to halt the industrial action.
Mombasa County government, the claimant in the case, successfully enjoined the remaining 46 county governments as interested parties. The court gave KNUN 14 days to file its response.
Court documents painted a picture of a healthcare system pushed to the brink after nurses downed their tools, paralysing services at Coast General Teaching and Referral Hospital, Tudor Hospital, Port Reitz Hospital, Shimo la Tewa GK Prison Hospital, Likoni District Hospital and all Level One to Level Five health facilities in the county.
"All activities at the key medical facilities in the county have come to a halt as a result of the strike action that commenced on July 29, 2026," the county told the court.
The county argued that the disruption had crippled critical healthcare delivery, placing thousands of patients, particularly those requiring emergency and inpatient care, at risk.
"The injury and suffering that will result from the strike action will be widespread and devastating, and will jeopardise the care of the critically ill, which could, in turn, result in their deaths," it submitted.
County Solicitor Murtaza Tajbhai argued that the dispute had evolved beyond a labour disagreement into a matter of immense public interest because Mombasa serves as the Coast region's main referral hub.
"The lives of hundreds of thousands of people are at risk within Mombasa County and millions more across the forty-seven counties," Mr Tajbhai said.
In a supporting affidavit, Mombasa County Public Service Board Chief Executive Officer Fadhil Maamun said the county had attempted to avert the strike by inviting KNUN officials for talks before the seven-day strike notice took effect, but the union proceeded with the industrial action before negotiations could bear fruit.
"The county intended for deliberations to ensure reconciliation and forge a way forward to resolve the issues raised," Mr Maamun said.
Members of the Public at the Main Entrance of the Coast General Teaching and Referral Hospital (CGTRH) in Mombasa as Kenya National Union of Nurses and Midwives (KNUNM) began a Nationwide Strike in this photo taken on July 30, 2026.
The county maintained that many of the union's grievances including the conclusion of the 2025-2029 Collective Bargaining Agreement (CBA), implementation of the 2017 Return-to-Work Agreement, permanent and pensionable terms for Universal Health Coverage staff, implementation of career guidelines for nurses and the reinstatement of 46 nurses dismissed in Kisii County could not be resolved by individual county governments.
According to Mr Maamun, several of the demands require consultations with national institutions, including the Salaries and Remuneration Commission, while others have significant financial implications that cannot be implemented immediately.
The county also told the court that nurses employed by Mombasa have no salary arrears and that some of the union's previous demands had already been addressed through earlier negotiations.
"Mombasa County has always paid the respondent's members on time and the issue of delayed salary remittance does not arise," Mr Tajbhai said.
The county argued that while the union's grievances could be resolved through negotiations, patients could not afford prolonged disruption of health services.
"The lives of the hundreds of thousands of Mombasa residents and other members of the public receiving treatment in various health institutions do not have the luxury of time," it submitted.
The county sought orders suspending the strike and directing the parties to pursue conciliation, arguing that nurses are designated essential service providers under the Labour Relations Act and that the industrial action was unlawful because statutory dispute-resolution mechanisms had not been exhausted.
Members of the Public queue to pay at the Coast General Teaching and Referral Hospital (CGTRH) in Mombasa as Kenya National Union of Nurses and Midwives (KNUNM) began a Nationwide Strike in this photo taken on July 30, 2026. Most Patients were released to seek services at other facilities.
It further argued that the court's intervention was necessary to create room for negotiations while safeguarding the constitutional right to healthcare.
The county also maintained that the union failed to comply with mandatory dispute-resolution procedures before calling the strike, including notifying the Ministry responsible for labour matters as required by law.
KNUN, on the other hand, said it called the indefinite strike over the government's failure to conclude negotiations on the 2025-2029 CBA and implement commitments made under the 2017 Return-to-Work Agreement.
The union also cited delays in placing Universal Health Coverage nurses on the payroll and granting them permanent and pensionable terms, failure to implement career guidelines for nursing personnel, and the refusal by the Kisii County Government to reinstate 46 nurses dismissed in 2021.
Meanwhile, patients in Kwale, Lamu and Tana River continue to bear the brunt of the strike, with many unable to access routine check-ups, laboratory tests and treatment for chronic illnesses. Those managing long-term conditions say delays in care could worsen their health, while the high cost of private treatment has left many with few alternatives.
However, in Taita Taveta and Kilifi counties health services continued as usual.
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