Kenya Union of Clinical Officers v County Government of Vihiga & another (Petition E003 of 2025) [2025] KEELRC 1673 (KLR)
The bottom line
#A Kenyan court protected striking clinical officers from discipline but ruled their county employer does not have to pay their salaries during the strike.
What this practically means
#Executive summary
#Key legal issues
#Whether to restrain disciplinary action against striking employees pending hearing of the petition
Interim restraint granted; the respondents had also undertaken not to take disciplinary action pending determination
The members have been on strike since November 2024 over grievances they consider genuine, while the respondents cite budgetary constraints. The respondents undertook not to take disciplinary action pending the hearing. The court held there was nothing elaborate left to decide on the applications and the appropriate course was to maintain the status quo and fast track the petition.
Whether striking employees are entitled to salaries pending determination
Respondents not obligated to pay salaries to striking members pending determination; possible payment in arrears depends on the legality of the strike
Relying on Section 80(1)(b) of the Labour Relations Act, the court held that an employee on strike is not entitled to payment during the strike, and under the Employment Act an employer pays for services rendered. Since no services are rendered during the strike, salaries need not be paid, but the question of arrears turns on the petition's outcome on the strike's legality.
Legal principles established
#- An employer is not obliged to pay salary to an employee who is on strike and renders no services
- Whether the strike is legal or illegal is a matter for determination at the hearing of the petition and will inform whether employees may be paid in arrears
Court orders
#- 1.The notice of motion by the petitioner dated 14th January 2025 is allowed to the extent that the respondents, by themselves, their employees, agents, servants and or others howsoever, are restrained from taking any disciplinary action against the striking members of the petitioner pending the hearing and determination of the petition
- 2.The respondents are not obligated to pay salaries to the striking members of the petitioner pending the hearing and determination of the petition
- 3.Orders (a) and (b) dispose of the two applications by the respondents dated 23rd January 2025 and 13th February 2025 respectively
- 4.The petition shall be fast tracked for an early hearing and determination
- 5.The court reiterates its earlier call to counsel to bring both parties together for an amicable resolution of the matter
- 6.Costs of the three applications shall be in the petition
- Jurisdiction invoked
- Articles 23(3) and 41 of the Constitution; Employment and Labour Relations Court Act, Section 12
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Clinical Officers v County Government of Vihiga & another (Petition E003 of 2025) [2025] KEELRC 1673 (KLR)", Case Analysis (2025). Petition dated 14th January 2025 (with notice of motion of even date). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1673/eng@2025-06-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.