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Hema Hospital v. Wilson Makongo Marwa

(2015) JELR 105207 (CA)

Court of Appeal  •  Civil Appeal 72 of 2014  •  25 Nov 2015  •  Kenya

David Kenani Maraga, Daniel Kiio Musinga, Stephen Gatembu Kairu



This is an appeal by Hema Hospital, the appellant, against the judgment of the Industrial Court of Kenya at Kisumu (H. S. Wasilwa, J.) delivered on 18th September 2014 awarding Dr. Wilson Makongo Marwa the respondent Kshs. 3,136,167.00 for unlawful and unfair termination of employment.


By a letter of appointment dated 6th January 2006, the appellant, Hema Hospital, (the hospital) employed the respondent, Dr. Wilson Makongo Marwa, a doctor of Medicine and Surgery (the doctor) to serve the hospital as a resident medical doctor at a monthly salary of Kenya Shillings 110,000.00 with a provision for annual salary increment of between 6% and 10%.

The relationship between the hospital and the doctor appears to have progressed well until the year 2013. According to the doctor, he fell ill in February 2013 and was, with the knowledge of the hospital, hospitalized at Karen Hospital, Nairobi between 5th February 2013 and 9th February 2013. After his discharge from Ka…

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