Win for KMPDU: Nairobi barred from hiring casual, locum health workers

This story has significance for readers across Kenya and beyond.

- A Nairobi court has stopped the county government from recruiting casual and locum workers under a newly established staffing pool following a challenge by KMPDU

- The doctors' union says the policy introduces remuneration rates that conflict with terms agreed under the 2017 Collective Bargaining Agreement

- KMPDU has also questioned how the policy was approved and accused the County Public Service Board of exceeding its constitutional mandate on remuneration

A Nairobi court has temporarily blocked the county government from recruiting workers into its newly established Casual and Locum Pool, handing the Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) an early victory in its legal challenge against the staffing policy.

Justice Ocharo Kebira of the Employment and Labour Relations Court in Nairobi issued the conservatory order on August 10, 2026, restraining the Nairobi County Government and the County Public Service Board from enrolling workers into the pool.

The order carries a penal notice, meaning officials could face legal consequences if they fail to comply.

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Why did court halt the recruitment?

The case was filed by KMPDU and petitioner Kingori Nderitu, who challenged the legality of the county's policy governing the recruitment, deployment and remuneration of casual and locum workers.

The court certified the application as urgent before issuing the interim orders.

The respondents have 10 days after being served to file their response, after which the applicants will have seven days to submit their response. The respondents will then have a further seven days to reply.

The case is scheduled to return to court on September 21, 2026, for further directions.

An earlier application had received a more cautious response. On July 30, Justice Jemimah Keli certified the petition as urgent but declined to suspend the policy before hearing both sides, instead directing the parties to proceed through written submissions.

What policy is KMPDU challenging?

The dispute centres on a policy approved by the County Public Service Board on June 24, establishing a centralised system for recruiting, deploying and paying casual and locum personnel across county departments and health facilities.

Under the framework, individual departments cannot independently hire or pay temporary workers. Instead, all engagements must go through the County Public Service Board, which maintains a county-wide database of pre-qualified candidates.

The policy also caps temporary workers at 10% of a department's approved establishment and limits their deployment to genuine short-term needs, including emergencies, staff shortages and specialised assignments.

Why is KMPDU opposing the policy?

KMPDU's main objection relates to the remuneration rates provided under the policy.

The framework lists monthly rates of KSh 120,000 for medical officers and KSh 230,000 for consultants and specialists working as locums.

The doctors' union argues that the rates are substantially lower than those provided for under the 2017 Collective Bargaining Agreement and the 2017 Return-to-Work Formula negotiated with Nairobi County.

KMPDU contends that the policy could create a two-tier pay system in which doctors performing similar clinical duties receive different remuneration.

The union argues that this violates constitutional protections on equality, non-discrimination and fair labour practices under Articles 27 and 41 of the Constitution.

How was the policy approved?

The petition also challenges the process through which the policy was adopted.

KMPDU argues that the framework was not subjected to scrutiny or approval by the Nairobi City County Assembly, which the union says renders the policy procedurally defective.

The union further argues that the County Public Service Board exceeded its mandate by setting remuneration rates, claiming that the Constitution grants that responsibility to the Salaries and Remuneration Commission under Article 230.

The dispute escalated after a July 14 circular directed county health facility managers to immediately implement the policy and reject engagements made outside the prescribed framework.

KMPDU subsequently moved to court on July 28.

The substantive petition remains pending. The union is seeking a declaration that the policy is unconstitutional and an order quashing both the framework and the July 14 circular.

Source: TUKO.co.ke

Reporting originally appeared via TUKO. Read the full source for additional context.