Court stops transfer of Nyeri nurses

The Nyeri County government has been stopped from transferring 152 nurses from their current working stations until a suit filed by the medics is determined.

Justice Byram Ongaya of the Employment and Labour Relations Court also warned the county Public Service Board against harassing or intimidating the nurses.

The case was filed Tuesday under a certificate of urgency by members of Kenya National Union of Nurses (Knun) through lawyer Odongo Okatch.

The nurses received letters transferring them to new stations on May 31 after calling off a strike. They claim the move amounted to punishment and victimisation.

In the suit, the lawyer said the board contravened Articles 10, 27 and 47 of the Constitution and fair administrative action.

“The members form part of the very sensitive health department of the county and subjecting them to an unlawful transfer and without any reason and sufficient notice by the board is a disregard of the relevant laws,” said Mr Okatch.

WORK ETHICS

He said they were not given notice and the move will subject them to extreme sufferings that would make them compromise their work ethics, morals and family values.

He noted that the transfers are meant to weaken the union.

The court heard that the nurses’ efforts to appeal the board’s decision fell on deaf ears.

The lawyer said prior to the posting orders, the nurses had entered into a consent agreement by way of a return-to-work formula on May 23 this year terminating a strike in which they were demanding promotions.

“After getting promotions they have been harassed by the board through unnecessary transfers,” said the lawyer.

The court heard that a meeting that scheduled for Monday morning over the labour dispute was cancelled by the board.

“The nurses are disadvantaged if the court does not mitigate this unbecoming conduct of the board by quashing the said posting orders until a proper procedure is adhered to,” Mr Okatch noted.

The case will be heard on Thursday.