County Government of Kisii v Kenya National Union of Nurses & Midwives (Cause E019 of 2025) [2025] KEELRC 2438 (KLR)
The bottom line
#A Kenyan court ordered Kisii county nurses back to work, ruling their strike illegal because the union extended an old strike notice instead of issuing a fresh one.
What this practically means
#Executive summary
#Key legal issues
#Whether the 29th May 2025 strike notice, as purportedly extended by the National Advisory Council resolution of 30th June 2025, constituted a valid strike notice under section 76(c) of the Labour Relations Act
It did not. The Act does not contemplate extension of a strike notice; section 76(6)(b) cited by the Respondent does not exist in the statute, and the correct course was to issue a fresh strike notice.
Under section 76(c) a seven days' written notice must be given before a strike. The notice of 29th May 2025 could not, by a purported resolution of 30th June 2025 citing a non-existent section 76(6)(b), be extended to support a strike commencing 8th August 2025. A strike notice communicates a union's demands and allows the employer to make informed decisions, so extension defeats its purpose.
Whether the Respondent had complied with minimum service requirements for essential services
No evidence of minimum service provision was laid; the contention was dismissed as mere allegation.
The Respondent asserted it had adhered to minimum requirements on service provision in essential services, but no evidence was produced as to the number, position and frequency of attendance at health facilities, and no minimum service agreement, registered or unregistered, was availed to the Court.
Whether interlocutory relief should issue halting the strike
Yes; the strike was unprotected and illegal, and orders calling off the strike and directing return to work pending the main suit issued.
Having found the strike was commenced without legal foundation and is unprotected under sections 78(1)(f) and 81 of the Labour Relations Act, the court granted orders calling off the strike and directing members back to work pending hearing of the main suit, while preserving the parties' right to negotiate or conciliate under section 77(3).
Legal principles established
#- The Labour Relations Act does not contemplate the extension of a strike notice issued under section 76(c); a union intending to strike after the original notice has lapsed must issue a fresh strike notice.
- A strike commenced without a valid notice under section 76(c) of the Labour Relations Act is unprotected and illegal under sections 78(1)(f) and 81 of the Act.
Court orders
#- 1.An order directing the Respondent and/or their officials, agents or servants, assigns and/or anybody else claiming under them to immediately call off the ongoing strike, picketing or industrial action by the members of the Respondent which started on 8th August 2025 pending the hearing and determination of the main suit.
- 2.An order directing the members of the Respondent's Union to immediately report back to work pending the hearing and determination of the main suit.
- 3.Each party to bear their own costs of the motion.
- 4.The case to be listed for directions as to disposal/hearing of the suit on 15th October 2025 during the court circuit in Kisii.
- 5.A clarification that the orders do not bar the parties from engaging in negotiations or conciliation to resolve the dispute in terms of section 77(3) of the Labour Relations Act.
- Jurisdiction invoked
- Jurisdiction as the Employment and Labour Relations Court over employment and industrial relations disputes (Labour Relations Act, No. 14 of 2007); no specific constitutional or statutory jurisdictional provision cited in the judgment.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "County Government of Kisii v Kenya National Union of Nurses & Midwives (Cause E019 of 2025) [2025] KEELRC 2438 (KLR)", Case Analysis (2025). Not stated in the judgment (Notice of motion dated 20th August 2025 in a Claim). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2438/eng@2025-09-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.