Kenya National Union of Nurses v Council of Governors & 6 others [2016] KEELRC 1491 (KLR)

Summary at a glance

Facts

The Kenya National Union of Nurses (Union) filed a legal proceeding against the Council of Governors and six other respondents regarding the refusal to confirm ESP staff into permanent and pensionable terms of employment. The ESP staff were engaged under contractual terms before the coming into being of the County Governments.

Issues

• Whether the refusal to confirm ESP staff into permanent and pensionable terms of employment was a violation of the Union's constitutional mandate.
• Whether the Union is bound to absorb ESP staff into permanent and pensionable terms at the expiry of their contracts as per national government policy and mutual agreement with the Council of Governors.

Reasoning

The Court held that the national government policy and mutual agreement with the Council of Governors obligated the respondents to absorb ESP staff into permanent and pensionable terms of employment.

Outcome

In favor of the Union

Orders

• The 1st Respondent to ensure the resolutions regarding the absorption of ESP staff are implemented by all its member Counties.
• The 2nd and 4th Respondents to immediately confirm all ESP staff serving under contract into permanent and pensionable terms of employment with effect from 11 February 2015.

Remedies

• The 1st, 2nd, and 4th Respondents to meet the Union's costs.