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Kenya Medical Research Institute v. Maria Mukhwana

(2019) JELR 100029 (CA)

Court of Appeal  •  Civil Appeal 145 of 2018  •  14 Nov 2019  •  Kenya

Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu



1. This appeal arises from the judgement of the Employment and Labour Relations Court (Rika, J.) delivered on 30th October 2017 declaring that the non-renewal of the respondent's contract of employment amounted to unfair termination and for awarding her 12 months’ salary as compensation for unfair termination and two months’ salary in lieu of notice in addition to awards for annual leave allowance and gratuity that were conceded.

2. The background, in brief, is as follows. Based on a letter of offer of employment dated 5th November 2013, the respondent, Maria Kibone Mukhwana, in search of greener pastures and career progression no doubt, resigned her permanent and pensionable position as contracting supervisor with Kenya Petroleum Refineries Ltd in Mombasa on 6th November 2013 in order to take up employment, in the position of Procurement Manager, with the appellant, Kenya Medical Research Institute, within its Wellcome Trust Research Programme on a fixed term cont…

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