Court orders Knun and county to negotiate CBA
Courts
By
Joackim Bwana
| Nov 15, 2025
The Kenya National Union of Nurses (KNUN) has been ordered to negotiate the implementation of its Collective Bargaining Agreement (CBA) with Mombasa County government.
Justice Monica Mbaru of the Employment and Labour Relations Court in Mombasa also directed the medics to have a sit-down with the county government to discuss the promotion of 240 nurses.
Justice Mbaru noted that, under the negotiations, parties can factor in the affordability and fiscal sustainability of the resultant implications for any salary adjustments.
“An essential element leading to the next steps towards a CBA must first be addressed to properly place Knun at the table with the county or the board and to allow for a negotiated salary structure for its members, leading to a CBA,” said Mbaru.
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Knun is seeking the promotion of 240 nurses, payment of promotion arrears and a declaration that the Salary and Remuneration Commission (SRC)-approved remuneration structure for county governments should be implemented.
The union raised issues on the employment of nurses on short-term contracts, delays in promotion, replacements of those retired, failure to negotiate a CBA, failure to convert UHC nurses to permanent and pensionable terms, implementation of the new salary structure under the SRC circular dated September 12, 2024, implementation of the CBA, re-designation and the issue of implementation of the 17-tier grading structure.
Mbaru said the SRC notice dated December 16, 2024 is irregular and shall not be implemented without negotiations between the nurses union and the county.
The judge noted that the SRC further gave implementation notice, taking into account that for the circular to apply, a job evaluation was necessary, and the salary structure for unionisable staff was to be implemented through the CBA negotiations process.
“Whereas the court appreciates the constitutional role of the SRC in addressing public officers’ and county government workers’ salaries under Article 230 of the Constitution, in its circular dated September 12, 2024, it acknowledged the need for parties to adhere to negotiating the salary structure through a negotiated CBA,” said the judge.
Mbaru said the SRC circular had set conditions before the county or the board could implement its affordability and fiscal sustainability.
She said Knun failed to show that the county can afford and has refused to implement the CBA, noting that, unless negotiations are prioritised, the notice dated December 16, 2024 calling for industrial action will remain irregular and unlawful.
Mbaru said Knun and the county of Mombasa relied on the SRC circular dated September 12, 2024 to address the claimant’s concerns and the counterclaim.
The judge noted that the circular relates to the remuneration and benefits for the county government employees at the executive level for the third remuneration review cycle, 2021/2023 to 2024/2025.
The county, however, argued that if the strike notice is allowed to take effect, all activities at the key medical facilities will be affected.
County Chief Executive Officer of the Mombasa Public Service Board Fadhil Maamun said some of the issues raised had already addressed.