Mbiya v Moi Teaching and Referral Hospital Board (Cause E078 of 2024) [2025] KEELRC 3128 (KLR) (6 November 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 3128
- Citation
- [2025] KEELRC 3128 (KLR)
- Decided
- 6 November 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from a decision to terminate employmentCoramMA ONYANGO
Holding
The court found that the Respondent failed to prove the grounds for termination as required by the Employment Act.
Facts
Claimant Noel Ayesa Mbiya was employed by Moi Teaching and Referral Hospital Board from August 2006 to February 2023. She was suspended on February 28, 2023, and terminated on July 21, 2023, for allegedly soliciting money from patients. She appealed the termination but the appeal was dismissed.
Issues
- Whether the termination was justifiable
- Whether the procedure followed was in accordance with the Employment Act
Reasoning
The court noted that the investigation report did not contain witness statements from anyone who directly observed the alleged solicitation. The court also found that the inconsistency in the charges did not prejudice the Claimant.
Outcome
The termination of the Claimant's employment was deemed unfair.
Authorities cited
Legislation (1)
- Employment Act
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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