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Nanguri v Kenyatta National Hospital (Cause E621 of 2022) [2026] KEELRC 1110 (KLR) (29 April 2026) (Judgment)

[2026] KEELRC 1110 (KLR) Employment & Labour Relations Court
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Court
Employment and Labour Relations Court
Case number
1110
Citation
[2026] KEELRC 1110 (KLR)
Decided
29 April 2026
Judge
MN Nduma
Parties
raw · defendants · plaintiffs
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

TypeUnfair DismissalPostureClaimant's AppealCoramMN Nduma
The Court finds the termination of the Claimant's employment to be unfair.

Facts

The Claimant, a Pharmacist I, was employed by the Respondent, Kenyatta National Hospital, on 22nd March 2018. He suffered from severe burnout due to prolonged working hours and a refusal by the Respondent to approve his annual leave request. He gave written notice of resignation on 21st December 2020, effective from 4th January 2021.

Issues

  • Unfair dismissal
  • Annual leave entitlement
  • Employment rights

Reasoning

The Court held that the Respondent's refusal to approve the Claimant's annual leave request was unreasonable and unreasonably withheld, leading to the Claimant's burnout and emotional stress. The Respondent's actions aggravated the situation and failed to provide the necessary rest and support.

Outcome

Affirmed

Remedies

  • Reinstatement in the position of Pharmacist I in the Pharmacy Department, Kenyatta Prime Care Centre, with full prevailing benefits with effect from 21st December 2020
  • Payment of all salary and allowances withheld since 21st December 2020 to 29th December 2021
  • Pension, union, and NSSF contributions for the period
  • One month's salary in lieu of notice
  • Compensation for unfair dismissal
  • Interest at court rates

Authorities cited

Legislation (1)
  • Employment Act 2007
Cases cited (1)
  • Standard Bank of South Africa v Commission of Conciliation, Mediation & Arbitration and others (JR662/06) 2007 ZALC94
⚠ 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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