When Power Disregards Reason: Why the Law Must Protect Kenya's Abandoned Nurses

A Crisis of Justice and Professional Integrity

A health crisis is quietly unfolding, and it is not disease but policy injustice. Over 300 Bachelor of Science in Nursing (BScN) graduates, having completed their training and received official internship letters from the Nursing Council of Kenya (NCK), are now in limbo. Their placements have been abruptly revoked by the Health Cabinet Secretary, Aden Duale, who claims that the offers were issued “before graduation.” This decision has sparked widespread concern among the affected nurses and their colleagues, leading to peaceful protests.

The situation raises serious questions about due process, institutional respect, and the rule of law. The revocation of internships is not a matter of discipline but an abuse of power. Graduation is not a legal requirement for an internship. According to the Nurses Act (Cap 257) and NCK regulations, internship eligibility begins after completion of academic and clinical training, not after graduation ceremonies. Graduation is an administrative formality that may take months to arrange. Are we to punish healthcare professionals for delays beyond their control?

The NCK, a statutory regulatory body, has the sole legal mandate to determine internship readiness. The CS does not have the legal authority to override the NCK's decision without conducting a formal inquiry. This situation represents a direct assault on the autonomy of professional regulation.

Addressing the Backlog, Not Punishing the Present

Mr. Duale claims that some nurses who graduated earlier have yet to be posted, and thus it’s unfair for new completers to proceed. However, this is a false equivalence. It’s not the fault of newly completed nurses that others were ignored. Delaying everyone helps no one. The Ministry should instead address the backlog systematically, not freeze the entire pipeline out of “fairness.” That is administrative laziness disguised as equality.

Corruption allegations? Investigate, Don’t Retaliate. The CS alleges that some interns may have been placed through corrupt means. If true, these are grave claims. But they require proper investigation, not blanket revocation. We must remember: accusation is not guilt. If officials at NCK or universities manipulated postings, let the Ethics and Anti-Corruption Commission (EACC) investigate. If students bribed their way in, let them be identified and sanctioned. But collective punishment is unconstitutional, unjust, and unsustainable.

Legal Options for Affected Nurses

The affected nurses are not helpless. They have clear legal options:

• Judicial Review: Under Article 47 of the Constitution and the Fair Administrative Action Act, the CS’s action can be challenged as unlawful, unreasonable, and procedurally unfair.
• Constitutional Petition: The nurses may seek redress for violations of their rights under Articles 27 (equality), 41 (labour), 43 (health), and 50 (fair hearing).
• Complaint to the Ombudsman: The Commission on Administrative Justice can investigate the Ministry’s conduct as unresponsive and oppressive.
• Demand PSC or EACC Enquiries: If there is merit in the corruption claims, due process must be followed, not public defamation and administrative purges.

This issue goes beyond 306 nurses. Kenya’s healthcare system is critically understaffed. The World Health Organisation recommends a nurse-patient ratio of 1:400. Some counties are at 1:1,200. By stalling internship placements, the ministry isn’t just punishing nurses, it’s depriving Kenyans of essential health services.

We must cease using healthcare professionals as pawns in bureaucratic games. We must restore respect for professional regulation, due process, and the rule of law.

The Path Forward

The peaceful protests are commendable. The nurses must now litigate. The courts must be asked to remind the Executive that the country is a republic, not a monarchy. No Cabinet Secretary, regardless of their power, can override rights based on suspicion and sentiment.

The courts are the final guardians of the Constitution. They must remind the executive that Kenya is ruled by law, not by decree. Medics are not subjects of a ministry. They are citizens with rights. The silence from the Ministry is deafening. But the law can speak louder.

This fight is about justice. And justice must prevail.