The Controller of Budget Agnes Odhiambo had earlier instructed four counties to recover new allowances already paid to nurses.
These counties include Migori, Machakos, Mombasa and Kwale.
The question is; will the counties be able to recover the illegal allowances as instructed?
Mrs Agnes Odhiambo had written to the counties asking them to comply with the Salaries and Remuneration Commission (SRC) circular on nurses’ service allowances.
“County governments should not pay any allowances that are not approved by SRC,” the circular stated.
SRC chairperson Lyn Mengich said the governors and the Treasury had confirmed they did not have money to pay the nurses.
Ms Mengich said even if funding was available, sustainability was a key factor in the long term, adding that no county should pay the sought allowances using public funds.
The letter from Mrs Odhiambo said the SRC had not reviewed the nurses’ benefits and that any changes without the authority of the commission would be illegal.
“The office is aware that counties are paying enhanced allowances to nurses contrary to those approved by SRC. Payment of allowances without SRC advice is contrary to the law. “Therefore, the purpose of this letter is to request that you do not pay any allowances to the nurses until approval is granted by SRC,” she says.
The Health ministry and governors had also threatened to take disciplinary action against nurses who defied the court and presidential orders to resume duty.
In a joint statement on Tuesday, they said nurses who would be dismissed for failure to resume work would not be rehired either by the national government or by counties.