Counties that had fully implemented the nurses’ return-to-work formula will not recover the money as earlier directed by the Controller of Budget.
This follows the order on March 14 by the Employment and Labour Relations Court in Nairobi, barring the counties from recovering the already-paid money as enhanced allowances.
The order remains in effect pending outcome of the case. It will be mentioned on April 8.
“The counties are restrained from continuing or starting to pay the nurses the allowances agreed November 2, 2017, pending hearing and determination of this matter,” the order said.
The Controller of Budget in a letter dated February 19 instructed four counties that paid nurses to recover the money, and issued a caution letter to the counties.
Letters to the governors of Mombasa, Migori, Machakos and Kwale ordered them to recover all enhanced allowances paid to the nurses.
Courts in Nakuru and Kisumu also directed that County Public Service Boards in Kajiado and Kisii counties to continue deducting and remitting union dues.
This was in response to a directive by Council of Governors chairman Wycliffe Oparanya' to counties to stop remitting money to the nurses' union.
Oparanya's letter dated February 15 and marked 'urgent' said all the 47 county bosses had been instructed not to deduct nurses’ money usually sent to the Kenya National Union of Nurses.
Oparanya directed county governments to instead pay the full salary to the nurses so they can remit money to the union voluntarily.
The courts directed the two counties and Governor Oparanya, jointly, by themselves, their agents, assignees, servants or representatives, pay the KNUNin Kajiado and Kisii Sh199,800 and Sh468,600, respectively, from their own funds.
“The amount is to cater for undeducted union fees for February and any other subsequent month of non-deduction from nurses' wages,” the court ruling said.
KNUN national treasurer Agnes Munderu yesterday warned counties against not planning to deduct and remit the union dues.
“If you don’t deduct from the nurses' you will pay from the county kitty or from your own pocket. Even those who deducted less than the required Sh650 will have the money recovered,” Munderu said.
She said after the directive, there was lack of uniformity in deductions; some counties deducting as little as Sh150 while others were deducting Sh300.
The nurses went on strike on February 4 over the unsettled return-to-work formula signed between the government and Council of Governors on November 2, 2017.
The strike was suspended after a court order to give room for reconciliation talks among union officials, the CoG and the Ministry of Health.
