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MARANGU RUCHA & WALTER KONYA V. ATTORNEY GENERAL & 9 OTHERS & ST. MARY'S MISSION HOSPITAL

(2014) JELR 99317 (CA)

Court of Appeal  •  Civil Application 180 of 2013 (UR 127/2013)  •  24 Jan 2014  •  Kenya

Coram
Erastus Mwaniki Githinji, Paul Kihara Kariuki, William Ouko

Judgement

RULING OF THE COURT

The 3rd to 10th respondents were employees of St. Mary’s Mission Hospital, the interested party. Following their dismissal from their employment, they instituted Cause No. 538 of 2011 at the Industrial Court against the hospital and the two applicants herein who are the administrators of the hospital. Mukunya, J. in his award rendered on 27th April 2012 found that the dismissal was wrongful and ordered the interested party (the Hospital) to reinstate the 3rd to the 10th respondents without loss of any benefit.

The applicants were, on the other hand, restrained by an order of permanent injunction from interfering with the reinstatement and employment of the 3rd to the 10th respondents or their rights to remain in occupation of the houses provided by the hospital.

It would appear that there was non-compliance with those orders as the 3rd to the 10th respondents returned to the Industrial Court seeking to have the two applicants punished for committing contempt of the or…

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