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Ondieki v Nyangena Hospital Ltd (Appeal 032 of 2024) [2025] KEELRC 1280 (KLR) (5 May 2025) (Judgment)

[2025] KEELRC 1280 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1280
Citation
[2025] KEELRC 1280 (KLR)
Decided
5 May 2025
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeAppealPostureAppeal from the Judgment and Decree of the Hon. P. K. MutaiCoramDR. JACOB GAKERI
The court found that the non-renewal of the one-year fixed-term contract did not amount to unfair termination of employment and dismissed the appellant's claims.

Facts

The appellant was employed as a mortician by the respondent from 2008, with his last fixed-term contract ending on 31st October 2021. The contract was not renewed, and the appellant alleged unlawful dismissal on 1st October 2023.

Issues

  • Whether termination of employment was lawful
  • Entitlement to service pay, salary in lieu of notice, compensation, and other reliefs

Reasoning

The court re-evaluated the evidence and found that there was no evidence of coercion or threats, and the appellant's witness statement was inconsistent with his testimony during cross-examination.

Outcome

The court upheld the trial court's decision and directed the respondent to issue a certificate of service, with each party bearing their own costs.

Orders

  • The respondent to issue a certificate of service
  • Each party to bear their own costs

Authorities cited

Cases cited (6)
  • Gitobu Imanyara & 2 others v Attorney General (2016) eKLR
  • MwanaSokoni V Kenya Bus Services Ltd (1985) KLR 931
  • Abok James t/a A. J. Odera & Association V John Patrick Macline t/a Machira and Co. Advocates (2013) eKLR
  • L Estrange V Graucob (1934) 2KB 394
  • Parker V South Eastern Railway Co. 2CPD 421
  • Gandhis Another V Ruda (1956) KLR 556
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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