Court Orders Equal Pay for UHC Nurses Amid Absorption Plan
The Employment and Labour Relations Court has mandated that the government rectify salary disparities between nurses employed under the Universal Health Coverage (UHC) programme on contract and their counterparts with permanent and pensionable terms. The ruling, delivered by Justice Stella Rutto, requires the Ministry of Health (MoH) and the Public Service Commission (PSC) to ensure equal pay for nurses performing identical roles, regardless of their contractual status. This decision follows President William Ruto's recent announcement that UHC nurses will transition to permanent employment starting this month.
The case stemmed from a 2024 petition by the Kenya National Union of Nurses (KNUN), which highlighted significant pay gaps. Justice Rutto emphasized that the government has a legal obligation to ensure fairness, even if nurses initially accepted less favorable terms. Court records indicate that the PSC offered UHC nurses salaries of Sh50,000 per month for diploma holders and Sh40,000 for certificate holders. In contrast, permanent staff earn between Sh100,000 and Sh120,000 for diploma holders and Sh80,000 for certificate holders. Additionally, UHC nurses have been excluded from allowances such as nursing service, commuter, hardship, health risk, leave, and uniform benefits, which are standard for permanent staff.
Justice Rutto declared the pay gap a violation of nurses' constitutional rights to equality and freedom from discrimination, as outlined in Article 27(5) of the Constitution and Section 5(3) of the Employment Act. The court found that the MoH and PSC failed to provide non-discriminatory reasons to justify the salary disparity. The ruling underscored that remuneration should be equal for staff in the same category performing equivalent work, regardless of their employment terms. The court further noted that the respondents did not demonstrate that the work performed by UHC nurses is of lesser value than that of permanent staff.
The MoH, PSC, Council of Governors (CoG), and National Treasury opposed the petition. The MoH cited a PSC circular from August 3, 2021, which restricted converting short-term programme staff to permanent positions due to funding constraints. The PSC argued it lacked the legal authority to approve the absorption of UHC nurses by county governments, stating that such approvals would not be binding at the county level. The CoG contended that nurses were aware of their contract terms upon hiring and that permanent absorption would require national funding.
The ruling marks a significant step toward addressing inequities in the healthcare sector, particularly for the 2,500 UHC nurses affected. As the government moves forward with plans to absorb these nurses into permanent roles, the court's decision sets a precedent for ensuring fair compensation and benefits across employment categories.