Shabdin v Mater Misericordiae Hospital (Employment and Labour Relations Cause E006 of 2025) [2025] KEELRC 966 (KLR) (27 March 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 966
- Citation
- [2025] KEELRC 966 (KLR)
- Decided
- 27 March 2025
Summary at a glance
TypeEmployment and Labour RelationsPostureApplication for urgent interventionCoramHELLEN WASILWA
The court orders the Respondent to restrain from transferring the Petitioner to Thika Medical Centre and to consider her appeal.
Facts
The Petitioner, Dr. Khadija Essa Shabdin, was a medical officer employed by the Respondent, Mater Misericordiae Hospital, under a contract of employment dated 1st October 2018. She was transferred from Nairobi to Thika Medical Centre without consultation or reasons, violating her employment contract and constitutional rights.
Issues
- Arbitrary transfer from Nairobi to Thika Medical Centre
- Refusal to consider her appeal
- Violation of constitutional rights and employment laws
Reasoning
The transfer was without consultation and violated constitutional rights and employment laws.
Outcome
The court orders the Respondent to restrain from transferring the Petitioner to Thika Medical Centre and to consider her appeal.
Orders
- The Respondent to restrain from transferring the Petitioner to Thika Medical Centre
- The Respondent to consider the Petitioner's appeal
Remedies
- Restraint from transfer
- Consideration of appeal
Authorities cited
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