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Report to Work Immediately — County Secretary Ogutu Tells Siaya Nurses Following Dramatic Court Ruling

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November 12, 2025
Report to Work Immediately — County Secretary Ogutu Tells Siaya Nurses Following Dramatic Court Ruling
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Siaya, Kenya — November 12, 2025.
A month-long standoff between the County Government of Siaya and striking nurses and midwives has taken a dramatic legal turn after the Employment and Labour Relations Court sitting in Kisumu issued an interim injunction compelling health workers to return to work immediately.

The court’s order, issued on Wednesday, November 12, 2025, restrains the nurses and midwives employed by the Siaya County Government from continuing their industrial action, which began on September 17, 2025. The directive, contained in a press statement signed by Joseph Ogutu, the County Secretary and Head of Public Service, underscores a decisive move by the county administration to restore normalcy in local health facilities that have been crippled for nearly two months.

Legal Context and Court Directive

According to the county’s official statement, the injunction was granted following submissions made by counsel representing the County Government of Siaya, the Kenya National Union of Nurses (KNUN), and the union’s officials. The order effectively compels all nurses and midwives to resume duty by 8:00 a.m. on Thursday, November 13, 2025, failure to which disciplinary and financial consequences may follow.

Crucially, the court’s ruling also provides protection against victimization, with the county affirming that “no nurse or midwife who participated in the strike shall be punished or victimized in any way for their participation.” This clause mirrors the provisions of Kenya’s Employment and Labour Relations Court Act, which seeks to balance the rights of workers to industrial action with the public’s right to essential services.

However, the statement warns that those who defy the court order will face salary and allowance withholding “within the framework provided by law.”

The Background: A Crisis of Unresolved Grievances

The Siaya nurses’ strike, which began in mid-September, stemmed from a series of grievances that have simmered for years — including delayed promotions, salary arrears, unpaid allowances, and poor working conditions. According to union sources, the impasse deepened after several rounds of negotiations between the Kenya National Union of Nurses (KNUN) Siaya Branch and the County Public Service Board failed to yield tangible outcomes.

Health services across the county’s six sub-counties — Bondo, Gem, Rarieda, Ugenya, Ugunja, and Alego Usonga — have been severely disrupted. Several health facilities, including Siaya County Referral Hospital, have operated at skeletal capacity, with emergency and maternity units reportedly overstretched.

A nurse at one of the sub-county hospitals, who requested anonymity for fear of reprisals, told Dalanews that “morale among health workers has hit rock bottom due to unfulfilled promises and delayed pay. The strike was a last resort.”

Impact on Healthcare and Public Response

The prolonged industrial action has had devastating consequences on healthcare delivery in Siaya. According to sources at the County Health Department, maternal and infant health indicators have dipped sharply, with increased reports of unattended deliveries and disruptions in immunization programs.

Patients suffering from chronic conditions such as diabetes and hypertension have also borne the brunt of the crisis, as outpatient clinics remain partially closed.

Civil society groups and local leaders have expressed mixed reactions to the court’s intervention. While some welcome the order as a necessary step to restore essential services, others argue that the court ruling addresses symptoms rather than root causes of the county’s health sector woes.

“This legal order may bring nurses back temporarily, but unless the county addresses systemic grievances — from understaffing to delayed payments — industrial unrest will persist,” said a representative from the Siaya Health Workers Welfare Association.

County Government’s Position

In the press statement, County Secretary Joseph Ogutu directed the County Executive Committee (CEC) Member in charge of Health to ensure daily roll calls of nurses and midwives returning to work, in compliance with the court’s orders. The directive emphasizes strict supervision and accountability within the health department.

Governor James Orengo’s administration has been under increasing pressure to resolve the impasse, with mounting criticism over the handling of human resource matters in the health sector. Sources within the county assembly indicate that some MCAs have called for a special session to review the county’s approach to industrial disputes and to ensure that essential services are insulated from future disruptions.

Union Reaction

The Kenya National Union of Nurses (KNUN) Siaya Branch has yet to issue an official response to the court directive. However, national officials of the union, speaking off record, hinted that they may seek clarification on the legality of the injunction, arguing that the county has previously failed to honour collective bargaining agreements (CBAs).

Legal experts note that the Employment and Labour Relations Court has broad powers to restrain strikes in essential service sectors, including health, but such injunctions are typically temporary pending the hearing and determination of the main dispute.

What Next for Siaya’s Health Sector?

As the county braces for nurses’ return on Thursday morning, attention now shifts to whether the order will translate into a sustainable resolution or merely a temporary truce.
Analysts argue that without structured dialogue, trust-building, and fulfilment of past agreements, the cycle of strikes and court orders will likely continue.

For residents of Siaya, the hope is simple — that hospitals will reopen, healthcare workers will be treated fairly, and essential services will once again be accessible to the public.

Analysis Summary:

Court ruling date: 12th November 2025

Strike commencement: 17th September 2025

Key directive: Nurses to resume duty by 13th November 2025 at 8:00 a.m.

Legal protection: No punishment or victimization for strikers

Potential sanction: Salary/allowance withholding for non-compliance

Signed by: Joseph Ogutu, County Secretary and Head of Public Service

 

—

This article is part of Dalanews’ ongoing investigative series on labour relations and service delivery in Kenya’s devolved units.

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