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Kenya Medical Research Institute v. Samson Gwer, Michael Mwaniki, Nahashon Thuo, John Wangai, Moses Ndiritu, Albert Komba, Ministry of Public Health and Sanitation, Attorney General & Union of National Research and allied Institutes Staff of Kenya

(2019) JELR 100027 (CA)

Court of Appeal  •  Civil Appeal 101 of 2015  •  8 Feb 2019  •  Kenya

Milton Stephen Asike Makhandia, Patrick Omwenga Kiage, Agnes Kalekye Murgor



This appeal is a challenge by the appellant, Kenya Medical Research Institute (KEMRI) against the judgment and decree of the Industrial Court of Kenya at Nairobi (Nduma, J.) by which it granted a petition filed by the 1st to 6th respondents (the Doctors) and ordered as follows;

“(a) That the 1st respondent?s conduct amounts to and is discriminatory against the petitioners under Article 27(4) of the Constitution.

b. That the 1st respondent?s conduct, acts and or omissions are unlawful, illegal and or unfair and the same violates Articles 27(1), 28, 29(d) and (f), 35(1) (b) 40(1) and 41(1) and (2) of the Constitution.

c. That each of the petitioners is entitled to compensation for the said violations under Article 23 of the Constitution in the sum of Kshs. 5 million within thirty (30) days of this judgment.

d. That the petitioners are entitled to access all the outcomes of their scientific research and to the credit and benefit attached to the outcomes under Articles 35…

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