Caleb Asiango Oriago v Kenyatta National Hoispital [2018] KEELRC 1398 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1398
- Citation
- [2018] KEELRC 1398 (KLR)
- Decided
- 27 July 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureAppeal from an original trial decisionCoramBYRAM ONGAYA
Holding
The termination was unfair as there was no valid reason as envisaged in section 45 and 43 of the Employment Act, 2007.
Facts
Claimant was employed as a medical records assistant. He assisted a relative's relative to clear a bill at the hospital, which led to disciplinary action and termination for suspected fraud.
Issues
- Unfair termination
- Damages for unfair termination
Reasoning
The Court found that the claimant's actions were in line with his duty to serve others, and there was no valid reason to dismiss him.
Outcome
Judgment entered for the claimant
Orders
- Declaration of unfair termination
- Payment of Kshs.174, 726.00 by 01.10.2018
- Each party to bear own costs of the suit
Remedies
- Declaration of unfair termination
- Damages for unfair termination
Authorities cited
Legislation (1)
- Employment Act, 2007
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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