Court stops county from sacking striking doctors

KMPDU led by SG Davji Atella, his deputy Dennis Miskellah, and chairman Abidan Mwachi during am meeting with striking Kiambu doctors in Nairobi on July 21st 2025. [Collins Oduor, Standard]

The Employment and Labour Relations Court has issued conservatory orders stopping the Kiambu County Government from sacking specialist doctors who are members of the Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) over their ongoing strike related to delayed salaries.

In a ruling delivered by Justice Hellen Wasilwa, the court directed that the doctors should not be dismissed or replaced until a petition filed by one of the doctors, Dr Gathoni Njeri Muriithi, is heard and determined.

“A conservatory order is hereby issued stopping the Respondents (Kiambu County Government and Kiambu County Public Service Board) from dismissing or replacing medical specialists in the Department of Health Services, Kiambu County, pending the hearing and determination of this matter,” ruled Justice Wasilwa.

The judge also barred the county from hiring new doctors in place of those on strike. 

“A conservatory order is hereby issued stopping the respondents from enlisting medical specialists in the Department of Health Services, Kiambu County, pending the hearing and determination of this petition,” the judge ordered

The case was filed under a certificate of urgency by lawyer Henry Kurauka, who is representing the petitioner, arguing that the purported dismissal and parallel recruitment process initiated by the county violated fundamental rights enshrined in the Constitution, including the right to fair labour practices, equality and non-discrimination.

According to court documents, Dr Muriithi, a qualified specialist in Obstetrics and Gynecology, submitted her application for a vacant position at Kiambu County on October 15, 2025, the same day as the application deadline.

However, she was shocked to learn that candidates had already been shortlisted and interviewed before the deadline.

“Upon tendering the said application during working hours on October 15, 2025, an officer at the Respondent’s office informed her that the candidates had already been shortlisted and interviews were done,” read part of her supporting affidavit.

She further verified through the County’s website that interviews had been scheduled even before the official application deadline lapsed.

“The Respondents purported to invite members of the public to submit any information (on oath) that may have a bearing on the shortlisted candidates by 12.00 noon on  October 10, 2025,” Dr. Muriithi stated.

She termed the actions of the Kiambu County Government and its Public Service Board as “capricious, unjust, unfair, irrational, unreasonable, malicious, in bad faith, unlawful and unconstitutional.”

Justice Wasilwa certified the petition as urgent and scheduled the matter for inter partes hearing on October 18, 2025.