Case ID:167820

Stephen Gachie Macharia v Registered Trustees of the Sisters of Mercy (Kenya) t/a “Mater Misericordiae Hospital [2020] eKLR

Case Metadata

Case Number:

Cause 650 of 2020

Parties:

Stephen Gachie Macharia v Registered Trustees of the Sisters of Mercy (Kenya) t/a “Mater Misericordiae Hospital

Date Delivered:

11 Dec 2020

Case Class:

Civil

Court:

Employment and Labour Relations Court at Nairobi

Case Action:

Ruling

Judge(s):

James Rika

Citation:

Stephen Gachie Macharia v Registered Trustees of the Sisters of Mercy (Kenya) t/a “Mater Misericordiae Hospital [2020] eKLR

Court Division:

Employment and Labour Relations

County:

Nairobi

Case Outcome:

Application declined

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI

CAUSE NO. 650 OF 2020

DR. STEPHEN GACHIE MACHARIA................................CLAIMANT

-VERSUS-

THE REGISTERED TRUSTEES OF

THE SISTERS OF MERCY (KENYA)

T/A “MATER MISERICORDIAE HOSPITAL..................RESPONDENT

RULING

1. The Claimant seeks through an Application dated 14

th

October 2020, to have among other orders, an order setting aside the letter of termination dated 29

th

September 2020. Termination was on account of redundancy.

2. He also seeks an order of reinstatement.

3. The Application is supported by Claimant’s Affidavit, sworn on 14

th

October 2020.

4. It was argued on 11

th

December 2020, in the absence of Counsel for the Respondent, who explained later in a letter to the Court, that he thought hearing would proceed virtually. The Court allowed the Respondent to file Submissions, in light of the default.

5. The Respondent relies also, on the Affidavit of its Legal Services Manager Everlyn M. Maina, sworn on 9

th

November 2020.

The Court Finds:-

6. The orders sought – setting aside of the letter of termination and reinstatement are substantive orders, which are best considered upon full trial.

7. If the Claimant establishes on full trial that the Claim is merited, he can have the remedy of reinstatement with back pay.

8. There is no exceptional circumstances shown by the Claimant, warranting reinstatement based on Affidavit evidence.

IT IS ORDERED

(a) The Application dated 4

th

October 2020 filed by the Claimant is declined.

(b) The Claim shall be processed for full hearing.

(c) No order on the costs.

Dated, Signed and Delivered in Open Court at Nairobi

this 11

th

day of December, 2020

James Rika

Judge