Hema Hospital v Wilson Makongo Marwa [2015] KECA 190 (KLR)
- Court
- Court of Appeal
- Case number
- 190
- Citation
- [2015] KECA 190 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypecivilPostureAppeal from an Industrial Court judgmentCoramMaragga, Musanga, Gatembu, Ojwang, Radido, Rika
Holding
The court found that the doctor was verbally dismissed by the hospital on May 6, 2013, and the dismissal was illegal and unfair.
Facts
The doctor was employed by Hema Hospital as a resident medical doctor. He fell ill in February 2013 and was hospitalized. He took annual leave from March to March 2013 and returned to work until May 2013. The hospital allegedly terminated his employment on May 6, 2013.
Issues
- whether the doctor was verbally dismissed by the hospital and the dismissal was illegal and unfair
- whether the reliefs awarded by the lower court were properly granted
Reasoning
The court preferred the doctor's testimony over the hospital's, noting inconsistencies in the hospital's witnesses' statements and the lack of Dr. Manduku's testimony.
Outcome
Affirmed the award of Kshs. 3,136,167.00 to the doctor for unlawful and unfair termination of employment.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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