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Mmeywa v Kenyatta National Hospital (Cause 23 of 2020) [2023] KEELRC 1148 (KLR) (12 May 2023) (Judgment)

[2023] KEELRC 1148 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1148
Citation
[2023] KEELRC 1148 (KLR)
Decided
12 May 2023
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from summary dismissalCoramBYRAM ONGAYA
Holding

The claimant was lawfully dismissed and no final warning was warranted.

Facts

Claimant was dismissed from employment on February 3, 2017, for allegedly taking a laptop without consent. She was charged with theft and acquitted in 2018. She was suspended and later dismissed, appealing but receiving no response.

Issues

  1. Was the claimant dismissed lawfully?
  2. Was the claimant entitled to a final warning instead of dismissal?

Reasoning

The claimant was dismissed after due process, including administrative appeal. The claimant's account of events is contradictory, and the letter from the complainant was received after dismissal and appeal.

Outcome

The claimant's suit is dismissed.

Orders

  • Each party to bear their own costs.
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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