Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Nursing Personnel Convention, 1977 (No. 149) - Kenya (Ratification: 1990)

Article 2(2) of the Convention. National policy concerning nursing services and nursing personnel. The Committee notes the Government’s statement that nursing in Kenya is undergoing serious transformation and that nursing is being reformed to align itself with the letter and spirit of the Constitution. The Government also indicates that the Nursing Strategic Direction towards Vision 2030, which will soon be submitted to the Constitutional Implementation Commission for approval, aims at the reorganization of the Scheme of Service for Nurses, the mainstreaming of nursing processes for improved quality of nursing services and the introduction of new programmes. Moreover, the Committee understands that the new Kenya Health Sector Strategic and Investment Plan (2012–18), as well as the hospital reform programme are being developed. The Committee requests the Government to provide, together with its next report, detailed particulars on the implementation of these large-scale reforms, and how they are expected to impact on the quality of nursing care.

As regards the problem of continued migration of qualified nurses, the Committee recalls that the World Health Organization (WHO) has adopted in 2010, the Global Code of Practice on the International Recruitment of Health Personnel, which provides among other guiding principles, that the international recruitment of health personnel should be conducted based on the principles of transparency, fairness and promotion of sustainability of health systems in developing countries. The Committee understands that in accordance with article 7.3 of the Code, the Government has designated a national authority responsible for the exchange of information regarding health personnel migration and the implementation of the Code. The Committee requests the Government to submit up-to-date information concerning the current situation of overseas migration of nurses and any targeted measures or initiatives undertaken to address this issue.

With respect to remuneration levels of nursing personnel, the Committee notes the Government’s indication that salaries of nurses have remained unchanged since 2008, and that pending a salary increase through the Salaries and Remuneration Commission, nurses have been awarded an allowance to motivate and retain them especially those working in hardship areas. The Committee requests the Government to continue to provide information on measures to facilitate retention of the nursing workforce through attractive remuneration packages and career prospects.

Article 3(1). Nursing education and training. The Committee notes the adoption of the Nurses (Amendment) Act No. 27 of 2011, which basically revises the composition of the Nursing Council of Kenya, and the Nurses (Accreditation of Training Courses) Regulations, 2013 (Legal Notice No. 72). It also notes the information provided by the Government regarding the number of training institutions and nursing schools that increased from 68 in 2010 to 91 in 2013. The Committee requests the Government to provide more detailed information on the activities of the revised Nursing Council of Kenya, including the accreditation of nursing education providers, and the issue of private practice licenses to nurses, as well as up-to-date statistics on the number of students attending or graduating nursing colleges every year.

Article 5(2). Determination of conditions of employment and work. The Committee notes the Government’s indication that the process of discussing a collective bargaining agreement between the Kenya National Union of Nurses (KNUN) and the Government is currently in progress. The Committee requests the Government to provide a copy of the collective bargaining agreement once it has been concluded. The Government is also requested to provide copies of collective agreements currently in force between the Government and the Union of Kenya Civil Servants (UKSC) and the Kenya Union of Domestic, Hotels, Educational Institutions and Health Associations (KUDHEIHA), which contain provisions on employment conditions of nursing personnel.