Kenya National Union of Nurses v Busia County Public Service Board & 5 others (Cause 001 of 2023) [2024] KEELRC 489 (KLR)

5. When the file was mentioned for further directions on 25 September 2023 and 14 November 2023, the Union and a representative of the County Public Service Board, Migori informed the Court that they had reached an agreement and the Court directed that a consent be filed. 6. The Court also directed that the dispute against the County Public Service Boards of Siaya and Kisumu be taken on 23 January 2024. 7. The hearing against these Boards proceeded as scheduled and the Branch Secretaries for Siaya and Kisumu testified. 8. The Union filed its submissions on 12 February 2024. 9. The Court has considered the pleadings, evidence and submissions. 10. The Union and the County Public Service Boards of Siaya and Kisumu have recognition agreements. 11. A dispute arose between the parties herein and the Union reported trade disputes to the Cabinet Secretary for Labour on 7 July 2021. The Cabinet Secretary appointed difierent Conciliators who met the parties to resolve the disputes in terms of Part VIII of the Labour Relations Act. 12. In a report dated 4 November 2021, the Conciliator found that the County Public Service Board, Siaya had not paid some employees their remuneration for January and February 2021. 13. The Conciliator recommended that the employees be paid the remuneration. The Union produced in Court a schedule showing the employees who had not been paid. 14. With respect to the County Public Service Board, Kisumu, the Conciliator issued a report dated 3 December 2021. According to the report the nurses had gone on strike because the Board had failed to provide them with protective masks and because the Occupational Safety and Health Act required employers to ensure a safe and healthy work environment, the employees should not have been penalised. 15. The Conciliator recommended the payment of wages for January and February 2021. 16. The Union produced in Court a schedule of the afiected nurses. 17. The County Public Service Boards of Siaya and Kisumu were served severally with court process but they opted not to participate or defend themselves in the Cause for reasons best known to themselves. 18. The Union’s case was not controverted. 19. In light of the above the Court finds that the Union has proved its case to the required standard. Conclusion and Orders 20. Flowing from the foregoing finds and declares that: i. The withholding of the Union’s members’ salaries for January and February 2021 by the County Public Service Boards of Siaya and Kisumu was an unfair labour practice and in breach of contract. ii. The Court awards and orders the County Public Service Boards of Siaya and Kisumu to pay the employees listed in the respective schedules the withheld remuneration set against their respective names in the schedules. https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/489/eng@2024-02-22 2

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21. If the payment is not efiected within 45 days, the awards to attract interest at court rates from the date of judgment. 22. The parties are in an ongoing social partnership so each party to bear own costs. DELIVERED VIRTUALLY, DATED AND SIGNED IN KISUMU ON THIS 22ND DAY OF FEBRUARY 2024. RADIDO STEPHEN, MCIARB JUDGE Appearances For Union Mr. Kinoti, Industrial Relations Oficer Respondents did not appear/participate Court Assistants Chrispo/Chemwolo https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/489/eng@2024-02-22 3

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