Kenya National Commission on Human Rights
Press Statement: For Immediate Release 4th September, 2026
The KNCHR Calls for Urgent Resolution of the Nurses’ Strike to Protect the Right to Health The Kenya National Commission on Human Rights (KNCHR) is deeply concerned that the ongoing nationwide nurses’ strike has escalated from a labour dispute into a national public health and human rights crisis requiring urgent intervention at the highest levels of the National and County Governments. The disruption threatens the rights of patients to life, the highest attainable standard of health, emergency medical treatment and dignity.
The KNCHR has taken note of reports of seventy-nine (79) deaths this week, comprising eight (8) maternal, sixteen (16) neonatal and fifty-five (55) perinatal deaths between Monday, 31st August and Wednesday, 2nd September 2026.
The Commission calls upon the Kenya Medical Practitioners and Dentists Council (KMPDC), in collaboration with the Ministry of Health and relevant county health authorities, to urgently and independently verify the reported deaths and their circumstances; establish whether mortality during the strike exceeds the levels recorded during the corresponding period in 2025 and other relevant baseline periods; and make its findings public. While an independent assessment is needed to establish the causes of the reported deaths, the situation requires urgent action to prevent any further loss of life.
Article 43 of the Constitution guarantees every person the right to the highest attainable standard of health and provides that no person may be denied emergency medical treatment. The Constitution also protects the right to life and the inherent dignity of every person. The continued disruption of health services exposes patients to preventable suffering, indignity and loss of life, and undermines the realization of Universal Health Coverage. Health services must remain available, accessible, acceptable, of adequate quality and affordable, particularly for low-income households, indigent persons and other vulnerable groups. When public hospitals cannot provide essential services and patients are compelled to seek costly private alternatives, the right to health is placed beyond the reach of those who need it most.
The Commission equally recognizes the constitutional and labour rights of nurses and other health workers, including their rights to fair labour practices, fair remuneration, safe and optimal working conditions, dignity, collective bargaining and lawful industrial action. Nurses are the backbone of healthcare delivery and must be accorded working conditions and compensation commensurate with the vital and often high-risk services they provide. The National Government and County Governments must honour collective bargaining agreements concluded with nurses and other health workers, including the 2017 CBA. The continued disconnect between the two levels of government and among State agencies in resolving these obligations is unacceptable and must be addressed without delay. The Commission is further concerned by reported threats, intimidation and attacks against nurses exercising their right to peacefully demonstrate and present petitions.
The prolonged dispute cannot be allowed to develop into a wider public health emergency. Patients must be placed at the centre of the negotiations and response. The Commission is particularly concerned about the disproportionate impact on expectant and new mothers, newborns and neonates, children, older persons, persons with disabilities, patients with chronic illnesses and other marginalized groups. These groups require heightened protection and continuity of essential services, including maternity, neonatal, emergency, ICU, dialysis, oncology, trauma, ambulance and referral care.
The KNCHR recognizes the legitimate rights of health workers while reminding the National Government and County Governments that their primary duty to protect and progressively realize the right to health does not disappear during an industrial dispute.
The Commission Calls Upon:
1. The Ministry of Health in collaboration with County Governments, to immediately coordinate a national emergency response to guarantee continuity of essential and emergency services, including maternity, neonatal, ICU, dialysis, oncology, trauma, ambulance and referral services, and publish an accurate assessment of affected services
2. The Council of Governors and County Governments, to honour the constitutional right to collective bargaining by fulfilling their obligations under the 2017 CBA and other applicable agreements with nurses and health workers; urgently restore essential health services; activate contingency staffing and referral mechanisms; and ensure that alternative arrangements do not impose prohibitive costs on patients who cannot afford private healthcare.
3. Kenya National Union of Nurses and Midwives (KNUNM) and Other Health Worker Unions, to continue pursuing legitimate labour demands through meaningful dialogue, honoring court orders and ensuring uninterrupted provision of essential and emergency services and placing preservation of life at the centre of negotiations.
4. The Ministry of Labour and Social Protection in collaboration with the Ministry of Health, the Council of Governors, to urgently facilitate structured, good-faith negotiations and broker a time-bound resolution, while establishing a sustainable mechanism for preventing recurring health-sector strikes from escalating into public health emergencies.
5. The Social Health Authority (SHA), to ensure that patients displaced from public facilities can access alternative accredited facilities without prohibitive out-of-pocket costs, and provide clear guidance on coverage and portability of entitlements.
6. The Ministry of Health, Council of Governors and County Governments, jointly to agree on an immediate, structured and time-bound return-to-work framework with a minimum package of guaranteed essential health services while resolving the underlying labour dispute.
7. Health Professional Associations and Relevant Health Authorities, to systematically document and independently verify reported mortality and morbidity associated with disruption of services and provide timely information to the public and relevant oversight institutions.
8. The National Treasury, to ensure timely, predictable and adequate disbursement of funds to County Governments so that devolved health functions, particularly primary healthcare, are not disrupted. Resources must follow devolved functions to safeguard continuity of essential health services. The KNCHR will continue to monitor the human-rights impact of the strike, including denial or delay of emergency treatment, disruption of maternity and neonatal services, access to specialized care and the disproportionate impact on low-income households and other vulnerable groups as well as establishing the circumstances surrounding the reported deaths.
The Commission therefore calls upon all parties to urgently end the stalemate through good-faith dialogue and to guarantee uninterrupted essential and emergency healthcare as the labour dispute is resolved. Universal Health Coverage cannot mean that healthcare is available only to those who can afford private alternatives. Healthcare must be available, accessible and affordable to all.
The Commission calls on anyone with information or a human rights concern to report through the following channels: Email: haki@knchr.org; SMS: 22359; WhatsApp: 0798 849 871; and Toll-Free Line: 0800 720 627.
The Kenya National Commission on Human Rights (KNCHR) is an Independent National Human Rights Institution established under Article 59 of the Constitution of Kenya, 2010, and the Kenya National Commission on Human Rights Act, 2011. The Commission's mandate is the promotion and protection of human rights in Kenya.
The rights and dignity of nurses must be respected; equally, the rights and dignity of patients must be protected.
Kenya must not be forced to choose between the two.
Haki Kwa Wote, Kila Wakati!
Claris Ogangah,
Chairperson,
Kenya National Commission on Human Rights (KNCHR).