Kenya National Union of Nurses v Ministry of Health & another (Cause E617 of 2022) [2023] KEELRC 3021 (KLR)
The bottom line
#Kenya's Employment Court ruled the Ministry of Health's organogram was unlawful because it left out the nursing directorate required by the Health Act.
What this practically means
#Executive summary
#Key legal issues
#Whether the Administrative Organogram excluding the Directorate of Nursing Services is lawful
The organogram is not in accordance with Section 18 of the Health Act, which mandates the formation of a directorate dealing with nursing, and no department under any directorate covers nursing services.
Section 18 of the Health Act requires the Cabinet Secretary to form directorates including one dealing with nursing. The exhibited organogram contained only six other directorates and none of the departments established under them was responsible for nursing services. The 2nd Respondent's argument that a stand-alone directorate was not required failed because nothing in the organogram covered nursing at all. The Respondents offered no plausible reason for non-compliance with the statute.
Legal principles established
#- An administrative organogram formulated for the Ministry of Health must comply with the express directorates prescribed in Section 18 of the Health Act, and failure to do so without plausible justification renders it unlawful.
Court orders
#- 1.The Claim succeeds and the Respondents are directed to formulate afresh an Administrative Organogram that is in consonance with the provisions of Section 18 of the Health Act
- 2.No orders as to costs owing to the nature of the dispute
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment and labour relations dispute (specific provision not stated in the judgment text supplied)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya National Union of Nurses v Ministry of Health & another (Cause E617 of 2022) [2023] KEELRC 3021 (KLR)", Case Analysis (2023). Not stated in the judgment text supplied. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/3021/eng@2023-11-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.