NAIROBI – August 16, 2026
The Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) has secured a significant legal victory in its ongoing efforts to protect fair labour practices and professional standards within the health sector. The Employment and Labour Relations Court has temporarily stopped Nairobi City County Government from recruiting healthcare workers into a newly established County Casual and Locum Pool, pending the determination of a constitutional challenge filed by the Union.
The conservatory order, issued by the Court on 10 August 2026, restrains Nairobi County and the County Public Service Board from proceeding with recruitment under the disputed policy. The case was filed by KMPDU following concerns that the framework would undermine existing labour agreements, create inequitable employment arrangements, and erode protections secured through years of collective bargaining.
Protecting Equal Pay for Equal Work
At the heart of the dispute is the Union’s commitment to defending the principle of equal pay for equal work. KMPDU challenged the remuneration structure contained in the proposed policy, arguing that it introduces rates significantly below those negotiated and protected under existing Collective Bargaining Agreements and Return-to-Work Formula agreements.
The Union maintains that doctors performing substantially similar clinical duties should not be subjected to different compensation structures simply because they are engaged under different contractual arrangements. Such disparities risk creating a two-tier workforce that undermines fairness, morale, and professional dignity within the health sector.
Defending Labour Rights and Professional Standards
Beyond remuneration, KMPDU has raised concerns about the process through which the policy was adopted and implemented. The Union argues that healthcare workforce policies must be developed transparently, lawfully, and in consultation with relevant stakeholders. Policies affecting doctors’ terms of service, welfare, and remuneration must be anchored in constitutional principles, labour laws, and established industrial relations frameworks.
The Court’s decision does not constitute a final determination on the constitutionality of the policy. However, it provides important interim protection by preventing recruitment under the contested framework while the substantive issues are heard and determined. The matter is scheduled for further directions before the Court in September 2026.
A Broader Fight for Dignified Employment
For KMPDU, this case extends beyond Nairobi County. It speaks to a broader national conversation about the future of healthcare employment, workforce planning, and the protection of professional standards across Kenya’s health system.
The Union remains steadfast in opposing employment models that undermine negotiated agreements, weaken labour protections, or create opportunities for exploitation under the guise of temporary staffing arrangements. Healthcare workers deserve lawful, transparent, and dignified employment conditions, regardless of the nature of their engagement.
KMPDU Remains Vigilant
KMPDU welcomes the Court’s intervention and views it as an important step toward safeguarding the rights of healthcare workers. The Union will continue to pursue the matter through the legal process while advocating for employment frameworks that respect constitutional protections, honour collective bargaining agreements, and strengthen the health workforce.
As the case proceeds, KMPDU remains committed to ensuring that healthcare workers are treated fairly, professional standards are upheld, and public health institutions are built on principles of equity, accountability, and respect for labour rights.
Healthcare workers are not disposable labour. They are the foundation of a functioning health system.
In solidarity.
