Elizabeth Njoki Kamau v Kenya Medical Laboratory and Technologists Board [2020] KEELRC 1786 (KLR)

Summary at a glance

Facts

Claimant Elizabeth Njoki Kamau was employed as an intern by the Kenya Medical Laboratory and Technologists Board. She was later promoted to Head of Standards. Her employment was terminated on 11th July 2014, and she sought reinstatement and compensation.

Issues

• Whether the claimant was employed by the respondent.
• Whether the claimant's employment was unfairly terminated by the respondent.
• Whether the claimant is entitled to the remedies sought.

Reasoning

The court found that the claimant was an employee from the start of her internship and not an intern indefinitely. The respondent did not provide a disciplinary hearing before terminating her employment, making the termination unfair.

Outcome

The claimant is entitled to compensation and terminal benefits.

Orders

• Award of compensation and terminal benefits

Remedies

• Compensation for unfair termination
• Unutilised leave days
• Notice pay

Authorities cited