Ongubo v Nyangena Hospital Ltd (Appeal E029 of 2024) [2025] KEELRC 1279 (KLR) (5 May 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1279
- Citation
- [2025] KEELRC 1279 (KLR)
- Decided
- 5 May 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a judgment of the Employment and Labour Relations CourtCoramJK GAKERI, Kerr, Mativo
Holding
The court found that the appellant was serving under a fixed-term contract which the respondent did not renew, and the trial court's decision was upheld.
Facts
The appellant, Gladys Moraa Ongubo, was employed by the respondent, Nyangena Hospital Ltd, as an Account’s Clerk in 2002. Her salary increased from Kshs.2500 per month to Kshs.28,500. She was unlawfully terminated on 1st October, 2021, and did not receive terminal dues. The appellant sought a declaration of unfair termination, terminal dues, costs, and interest.
Issues
- Whether the termination of employment was unfair
- Whether the appellant signed a new contract under coercion
Reasoning
The court re-evaluated the evidence and found that the appellant signed a new contract under coercion, which was not raised before the trial court.
Outcome
The appeal is dismissed.
Orders
- The respondent to issue a certificate of service to the appellant and each party to bear their own costs of the suit.
Authorities cited
Cases cited (1)
- Independent Electoral and Boundaries Commission & Another V Stephen Mutinda Mule & Others [2014] eKLR
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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