Sijenyi v M.P Shah Hospital (Cause 976 of 2017) [2023] KEELRC 2019 (KLR) (31 July 2023) (Judgment)

Summary at a glance

Facts

The Claimant, Rebah Sijenyi, was employed by M.P Shah Hospital as a Marketing Manager on permanent and pensionable terms. She was terminated on November 15, 2016, without written reasons. She claims the termination was unlawful and seeks compensatory damages, damages for constitutional breach, notice pay, and leave pay.

Issues

• Whether the Respondent has proved justifiable cause to terminate the Claimant's employment
• Whether the Claimant's termination was in line with fair procedure
• Whether the Claimant is entitled to the reliefs sought

Reasoning

The Court found that the reasons for termination were substantiated and that the termination was fair. The Claimant's allegations were vague and lacked particulars.

Outcome

The Claimant's claim was dismissed with costs.

Orders

• Compensatory damages in the sum of Kshs 1,601,160.00
• Interest on the amount in (a) at court rates from the date of Judgment until payment in full
• The Claimant shall also have the costs of the suit

Authorities cited