County Government of Kiambu v Kenya Medical Practitioners, Pharmacists and Dentists Union (Cause E466 of 2025) [2025] KEELRC 1656 (KLR)
The bottom line
#Kiambu County failed to stop doctors' strike after the court found it had not acted in good faith toward its own medical staff.
What this practically means
#Executive summary
#Key legal issues
#Whether declarations could issue at the interlocutory stage
No - declarations must await a full trial of the merits
The Court held that the strength and merits of the parties' cases must first be placed under a legal microscope before any declaratory order can issue. Granting the declarations sought would pre-empt the main suit. The Court also noted that exceptional circumstances, as required by the Scania Credit authority, had not been demonstrated by the County Government.
Whether the strike was protected under the Labour Relations Act
Prima facie the notice complied with section 76; the Union gave 21 days' notice on terms and conditions of service
Section 76 requires a strike to concern terms and conditions of service or a recognition agreement and at least 7 days' notice. The Union gave 21 days' notice covering salary delays, statutory remittances, promotions and medical cover. However, the subject matter was also the subject of prior conciliation and live legal proceedings, and the members provide essential services, engaging section 78 prohibitions - matters to be tested at the hearing.
Whether the County Government's conduct disentitled it to equitable relief
Yes - the County had not acted in good faith, having failed to implement a Return to Work Agreement, ignored conciliation and defied prior judgments
The Court found the County did not cooperate with the Conciliator, failed to implement the 8 May 2024 Return to Work Agreement, and had been found in breach of its obligations in a judgment of 19 May 2025. Equity does not aid the indolent or party acting in bad faith; the Court declined to prohibit the strike given the employer's own record of non-compliance.
Legal principles established
#- Declaratory orders cannot be granted at an interlocutory stage before the merits are determined
- The right to strike is constitutionally protected under Article 41(2)(d) but is not absolute and may be limited under Article 24 and Part X of the Labour Relations Act
- Interlocutory relief requires demonstration of exceptional circumstances
- Employees providing essential services are, on the face of it, prohibited from participating in a strike
Court orders
#- 1.The Motion is dismissed with no order on costs because of the ongoing social partnership between the parties
- 2.The senior-most officials of the County Government of Kiambu and the Union to appear before the County Labour Officer, Kiambu on 3 June 2025 at 2.00 pm to negotiate an end to the strike
- 3.The parties to report progress to the Court on 11 June 2025
- Jurisdiction invoked
- Dispute under the Labour Relations Act, No. 14 of 2007, referred under Part X (sections 76, 78, 81 and 82) concerning a Notice of Industrial Action
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "County Government of Kiambu v Kenya Medical Practitioners, Pharmacists and Dentists Union (Cause E466 of 2025) [2025] KEELRC 1656 (KLR)", Case Analysis (2025). Not stated in judgment (Motion filed 23 May 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1656/eng@2025-06-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.