When Power Ignores Reason: Why Law Must Speak for Kenya’s Abandoned Nurses
Editor’s note: In this piece, Maroa Rioba, a clinical doctor and Advocate of the High Court of Kenya, examines the plight of over 300 nursing graduates whose internship placements were abruptly revoked by Health Cabinet Secretary Aden Duale. Drawing on legal provisions, professional ethics, and the urgent needs of Kenya’s healthcare system, Rioba argues for due process, institutional respect, and the rule of law as the only fair remedy for the affected nurses.
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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.
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Aden Duale, the Health Cabinet Secretary, revoked their placements, citing the issuance of the offers "before graduation".
Since then, the affected nurses and their colleagues have staged peaceful protests. The CS, however, remains unmoved.
Even more concerning, he has accused universities and the NCK of corruption and allegedly fired the Council CEO, without offering public evidence, conducting investigations, or following due process.
Let’s be clear: this situation does not pertain to discipline. This is 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.
Delays for previous cohorts? Fix the backlog, don’t punish the present
Duale claims that some nurses who graduated earlier have yet to be posted, and thus it’s unfair for new completers to proceed. But 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.
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.
- In Republic v. Public Service Commission & Another ex parte Wachira (2014) Eklr, the High Court ruled that revocation of an appointment without following due process and giving a hearing to the affected was unconstitutional under Article 47.
- 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 is bigger than 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.
Source: Facebook
Let protest meet petition
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.
The author is Maroa Rioba, a clinical doctor and Advocate of the High Court of Kenya with a keen interest in health policy, constitutional law, and professional ethics.
The views expressed in this article are solely those of the author and do not represent the position of any institution or organisation.
Proofreading by Asher Omondi, copy editor at TUKO.co.ke.
Source: TUKO.co.ke
