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REGISTERED TRUSTEES OF THE PRESBYTERIAN CHURCH OF EAST AFRICA & PRESBYTERIAN FOUNDATION V. RUTH GATHONI NGOTHO- KARIUKI

(2017) JELR 94157 (CA)

Court of Appeal  •  Civil Appeal 92 of 2013  •  6 Oct 2017  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, George Benedict Maina Kariuki, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

1. The respondent was employed on 29th March, 2004 as a Nursing Officer in charge of the P.C.E.A Kikuyu hospital which is owned and managed by the appellants. She was employed on a 3-year contract which was renewable. In point of fact, her contract was renewed effective from 1st April, 2007 and was scheduled to expire on 31st March, 2010.

2. During the course of her employment, the appellants agreed to sponsor the respondent to undertake a Masters degree in Health care services management at the Kenya Methodist University. The sponsorship was subject to the respondent executing a bonding agreement which she did on 13th January, 2009. The salient terms of the bonding agreement were that the respondent agreed to be bound to work for the hospital for a period of five years after the completion of her studies. She was scheduled to complete her training in June, 2010.

3. As per the hospital’s human resource policy manual, the respondent on 19th April, 2010 not only infor…

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