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Moi Teaching & Referral Hospital v. Hosea Cheruiyot Maru

(2017) JELR 98978 (CA)

Court of Appeal  •  Civil Appeal113 of 2014  •  27 Sep 2017  •  Kenya

Coram
George Benedict Maina Kariuki, Sankale ole Kantai, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

The appellant (the then respondent) was sued by the respondent (the then claimant) vide a statement of claim dated 26th July, 2011. In the statement of claim the respondent averred that he was employed by the appellant on 20th March, 2003; that on the 29th June, 2007 he was unlawfully terminated by the appellant; that he appealed against the dismissal but his appeal did not find favour with the appellant. He sought the following orders:-

“1. The termination of the plaintiff/claimant be declared unlawful and illegal from the very beginning.

2. Upon such declaration the defendant be ordered to reinstate the plaintiff/claimant under section 15 of the Labour Institution Act No. 12 of 2007 to his job, or equally suitable job, without loss of any salary or allowances from the date of the purported summary dismissal i.e. on 29th day of June 2007.

3. That the defendant be ordered to pay the plaintiff/claimant all allowances, privileges, benefits including promotions and any …

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