Kangogo v Moi Teaching and Referral Hospital Board (Cause E073 of 2024) [2026] KEELRC 1196 (KLR) (30 April 2026) (Judgment)

Summary at a glance

Facts

The Claimant was employed as a Supply Chain Officer I by the Respondent. He was terminated on July 1, 2022, without notice or warning. He appealed the termination but was not given a hearing. The Respondent alleged fraud and non-delivery of Augmentin 1gm, while the Claimant claimed the discrepancy was due to system migration and workload pressures.

Issues

• Whether the termination of the Claimant’s employment was justified
• Whether the Claimant was accorded a fair hearing before his employment was terminated
• Whether the reliefs sought are merited

Reasoning

The Respondent failed to prove the reason for termination as required by Section 43 of the Employment Act. The Claimant's claim for wrongful dismissal and other reliefs were upheld.

Outcome

Affirmed

Orders

• The Respondent to pay the Claimant damages for wrongful dismissal
• The Respondent to pay the Claimant interest on the monetary orders from the date of filing the claim
• The Respondent to pay the Claimant costs of the suit
• The Respondent to pay the Claimant one month’s salary in lieu of notice
• The Respondent to pay the Claimant interest on the one month’s salary in lieu of notice until payment in full

Authorities cited