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A Nakuru court has nullified a Collective Bargaining Agreement (CBA) between the nurses' union and Moi Teaching and Referral Hospital signed early this year. This means the Kenya National Union of Nurses (Knun) will have to negotiate afresh with the hospital.
Justice Stephen Radido of the Labour Court ruled that the hospital's board disregarded advice from the Salaries and Remuneration Commission (SRC). The agreement followed crippling strikes at the hospital over salary and allowances increase, forcing the management to enter into an agreement with a view to resolving the dispute. However, after the agreement was signed on February 5, 2015, the nurses' union moved to court, accusing the hospital of failing to register the CBA agreement in the Labour Court within 41 days as required by law. SRC had on January 27, 2015 advised the hospital to maintain the current basic salaries and allowances, saying the new pay structure in the agreement would destabilise the existing salary structures across the public service.
The union had argued SRC's role was limited to advising the employer on remuneration and salaries, but it had failed to carry out the advisory role in a fair and honest manner. The union argued further, before the court, that SRC had not produced any study on remuneration of nurses despite being in existence for over three years.
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