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