A Nairobi Employment and Labour Relations Court has issued an interim order preventing Nairobi County from recruiting casual and locum health workers through its new staffing pool.

The Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) initiated the legal challenge, citing concerns over remuneration rates and procedural irregularities in the policy's approval.

Background of the Dispute

The contested policy, approved by the County Public Service Board on June 24, 2026, introduced a centralized system for hiring, deploying, and paying temporary health workers across Nairobi County's departments and health facilities. It mandates that all casual and locum engagements be processed through a county-wide database maintained by the board, restricting individual departments from independent hiring.

The policy limits temporary staff to 10% of each department's approved workforce and restricts deployment to short-term needs such as emergencies, staff shortages, or specialized assignments.

KMPDU's Objections

  • Remuneration Concerns: The union argues the set monthly rates—KSh 120,000 for medical officers and KSh 230,000 for consultants—are significantly lower than those stipulated in the 2017 Collective Bargaining Agreement and Return-to-Work Formula with Nairobi County.
  • Equal Pay and Fair Labour Practice Issues: KMPDU warns the policy risks creating a two-tier pay system, violating constitutional guarantees of equality and non-discrimination under Articles 27 and 41.
  • Procedural Defects: The union contends the policy was not vetted or approved by the Nairobi City County Assembly, and that the County Public Service Board overstepped its constitutional authority by setting remuneration rates, which is the mandate of the Salaries and Remuneration Commission under Article 230.

Legal Proceedings and Next Steps

Justice Ocharo Kebira granted the conservatory order on August 10, 2026, restraining the county government and the County Public Service Board from enrolling workers into the casual and locum pool. The order includes a penal notice for non-compliance.

The respondents have 10 days to respond to the petition, after which the applicants will reply within seven days. The case is set for further hearing on September 21, 2026.

The dispute intensified after a July 14 circular directed county health managers to implement the policy immediately and reject any engagements outside the framework, prompting KMPDU to file the petition on July 28.

The union seeks a declaration that the policy and the circular are unconstitutional and an order to quash them.