[2024] KEELRC 1693 (KLR)
The court found that the claimant was entitled to half salary for the period of suspension, calculated as 25 months at KES 23,050 per month, totaling KES 576,560. The court further awarded the claimant 12 months' salary as compensation for unlawful termination, amounting to KES 553,212, considering the long period...
Source-derived case information.
- Citation
- [2024] KEELRC 1693 (KLR)
- Parties
- Applicant: Kennedy Mutembei Mwonzu; Respondent: Kenyatta National Hospital
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Employment and Labour Relations Cause E380 of 2020
- Procedural Posture
- Employment and Labour Cause / Ruling on Quantum and Final Orders After Judgment
- Outcome
- Claim partly allowed; claimant awarded salary arrears, compensation, costs, and interest.
- Judges
- AN Mwaure
- Legal Topics
- Unlawful Termination, Salary Arrears, Compensation for Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Mutembei Mwonzu
Applicant
Kenyatta National Hospital
Respondent
Procedural Posture
Employment and Labour Cause / Ruling on Quantum and Final Orders After Judgment
Legal Issues
- 1 Whether the claimant is entitled to salary arrears for the period of suspension.
- 2 Whether the claimant is entitled to compensation for unlawful termination.
- 3 Whether the claimant is entitled to costs and interest.
Ratio Decidendi
The court found that the claimant was entitled to half salary for the period of suspension, calculated as 25 months at KES 23,050 per month, totaling KES 576,560. The court further awarded the claimant 12 months' salary as compensation for unlawful termination, amounting to KES 553,212, considering the long period of service. The total award is KES 1,129,772, plus costs and interest at court rates from the date of judgment until full payment. The court declined to award prayer (d) as it was not justified. The orders were made in accordance with the overriding objective to facilitate just and expeditious resolution of disputes, and in light of COVID-19 restrictions, the ruling was...
Court Disposition
Claim partly allowed; claimant awarded salary arrears, compensation, costs, and interest.
Orders
- Claimant awarded KES 576,560 as half salary for the period of suspension (25 months at KES 23,050 per month).
- Claimant awarded KES 553,212 as 12 months' salary compensation for unlawful termination.
Full Case Text
Judgment text and source record
17 paragraphs
Mwonzu v Kenyatta National Hospital (Employment and Labour Relations Cause E380 of 2020) [2024] KEELRC 1693 (KLR) (24 May 2024) (Ruling)
Neutral citation: [2024] KEELRC 1693 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Employment and Labour Relations Cause E380 of 2020
AN Mwaure, J
May 24, 2024
Between
Kennedy Mutembei Mwonzu
Petitioner
and
Kenyatta National Hospital
Respondent
Ruling
1. The below award to the claimant is made pursuant to the judgment delivered herein and dated 26th April 2024.
2. The prayers in the memorandum of claim are awarded as followsi.Prayer C claimant is awarded ½ salary for the period between 4th September 2016 to 14th November 2018 @ 25 months x 23,050=576,560/-ii.Prayer (d) is not justified and is not awarded.iii.The claimant is awarded 12 months equivalent of salary compensation for unlawful termination being kshs 46,101x12= 553, 212,/- this is considering the long period he worked for the respondent.iv.Total awarded is therefore kshs 1,129,772/- plus he is awarded costs and interest at court rates from date of judgment till full payment.Orders accordingly.
DATED, SIGNED AND DELIVERED VIRTUALLY IN NAIROBI THIS 24THDAY OF MAY, 2024. ANNA NGIBUINI MWAUREJUDGEORDERIn view of the declaration of measures restricting Court operations due to the COVID-19 pandemic and in light of the directions issued by His Lordship, the Chief Justice on 15th March 2020 and subsequent directions of 21st April 2020 that judgments and rulings shall be delivered through video conferencing or via email. They have waived compliance with Order 21 Rule 1 of the Civil Procedure Rules, which requires that all judgments and rulings be pronounced in open Court. In permitting this course, this Court has been guided by Article 159(2)(d) of the Constitution which requires the Court to eschew undue technicalities in delivering justice, the right of access to justice guaranteed to every person under Article 48 of the Constitution and the provisions of Section 1B of the Procedure Act (Chapter 21 of the Laws of Kenya) which impose on this Court the duty of the Court, inter alia, to use suitable technology to enhance the overriding objective which is to facilitate just, expeditious, proportionate and affordable resolution of civil disputes.A signed copy will be availed to each party upon payment of Court fees.ANNA NGIBUINI MWAUREJUDGE