Nakuru: Table Turns As Doctor Who Sued Employer Seeking KSh 2m Ordered To Pay KSh 90k

• Doctor Juma Musa resigned from his employment at Evans Sunrise Centre in Nakuru during the COVID-19 pandemic after allegedly experiencing salary payment delays
• Musa sought KSh 2 million in compensation from his former employer, claiming wrongful dismissal
• However, the court ruled against Musa, finding that he was in the wrong for resigning without serving the full notice period.
• Justice Hellen Wasilwa at the Nakuru Employment and Labour Relations Court dismissed Musa's claim for wrongful dismissal, citing lack of merit

Didacus Malowa, a journalist at TUKO.co.ke, brings over three years of experience covering politics and current affairs in Kenya.

Nakuru - The proverbial tables have turned on a doctor who moved to court seeking compensation after he resigned from his employment during the COVID-19 pandemic.

Juma Musa reportedly resigned after the hospital he was working in allegedly delayed his salary payment.

Musa sought to be paid KSh 2 million as compensation from his employer, Evans Sunrise Centre in Nakuru, as damages for what he claimed to be wrongful dismissal.

The medic arrived at the colossal amount from 12 months’ salary, pro-rated leave pays for 10 months, one month's salary in lieu of notice and two months’ salary arrears.

A report by Nation detailed that Juma resigned after working at the medical facility for eight months and got another opportunity with the Taita Taveta Public Service Board.

How did the court rule in Juma's case

However, in an unexpected turn of events, the court found that Juma was in the wrong for resigning without serving the notice in full.

The court also found that Musa resigned of his own volition upon receiving another job at Taita Taveta county and not because of salary delays as alleged.

In her ruling, Justice Hellen Wasilwa at the Nakuru Employment and Labour Relations Court dismissed the claim for wrongful dismissal for lack of merit.

She further awarded the hospital the damages plus the interests at court rates from the date of judgment.

"The claimant admitted that he did not serve his entire notice period, having given the notice on October 10, 2021, to October 31, 2021. The notice was less than 21 days. I therefore find the counterclaim proved to that extent, and I award the respondents KSh 88,100,” ruled Wasilwa.

Court rescinds decision to award UoN student KSh 500k

In a separate incident, a man who sued the University of Nairobi (UoN) for confiscating his degree certificate on claims that he hacked the university’s computer system to produce fake transcripts has been denied KSh 500,000 awarded by the High Court.

The Court of Appeal judgment came after the university appealed against the award, saying it was excessive and generic.

They stated it would set a dangerous precedent, opening a door for inept students to claim violations of rights for their failure to fulfil the requirements of attaining a degree legitimately.