Stephen Kaburia Rutere v Kenyatta National Hospital Board & another [2020] KEELRC 1307 (KLR)

Summary at a glance

Facts

The claimant, Stephen Kaburia Rutere, was interdicted by the respondent, Kenyatta National Hospital Board, on December 20, 2013, for calling employees to go on strike. He was summoned to appear before the Staff Disciplinary and Advisory Committee (SDAC) on August 20, 2014. The claimant alleged that the interdiction was unlawful due to lack of due process and due regard to his rights and welfare.

Issues

• Whether the claimant and the respondent were in a contract of service
• Whether the claimant's interdiction was unlawful
• Whether the claimant is entitled to the remedies as prayed for

Reasoning

The court found that the interdiction was unlawful due to lack of due process and due regard to the claimant's rights and welfare. The court also found that the claimant is entitled to the remedies as prayed for except for the loan repayment allowance and leave travel allowance.

Outcome

Judgment for the claimant

Orders

• Order that the decision to interdict the claimant was unlawful
• Order lifting the interdiction and allowing the claimant to resume duties without loss of benefits
• Order for payment of financial losses as particularized in the statement of claim
• Order expunging any bad record from the claimant's employment records
• Stay of execution of the decree with respect to the amount payable until August 1, 2020

Remedies

• Payment of financial losses as particularized in the statement of claim
• Expunging any bad record from the claimant's employment records