By The Weekly Vision Staff Reporter
The Nairobi Hospital has suffered a significant legal setback following a landmark ruling by the Employment and Labour Relations Court, which deemed the dismissal of a long-serving employee over unproven allegations unlawful and unjust.
In a judgment delivered on 27 June 2025 by Lady Justice Stella Ruto, the court ordered the prestigious health facility to compensate Mr Wycliffe Chogo, a ward attendant who served the institution diligently for two decades before being summarily dismissed over alleged food theft. According to court records, on 5 October 2017, Mr Chogo was summoned to the hospital’s security office and confronted with allegations that four plates of food had been found in the ward where he worked.
Three plates were allegedly sold to patients, while one was a complimentary staff meal. The Head Chef, Chief of Security, and other officials were present during the interrogation. The following day, 6 October 2017, Mr Chogo was called back, apprehended, and taken to Kilimani Police Station without a formal explanation.
He was later released on bail and allowed to resume work. To date, no charges have been filed, and the outcome of any police investigation remains undisclosed. On 9 October 2017, Nairobi Hospital issued a five-day suspension letter to Mr Chogo, citing accusations of diverting patient food.
The suspension was extended on 12 October. However, on 16 October 2017, he was dismissed without notice for his alleged involvement in the theft incident. During the hearing, the court learned that the hospital failed to produce evidence to substantiate its claims, despite promising to conduct investigations and communicate the outcome.
Notably, no internal investigation report was presented in court. Furthermore, Nairobi Hospital was absent from the hearing on 18 March 2025, despite their legal counsel being on record. In her judgment, Justice Ruto criticised the hospital’s handling of the case, finding that Mr Chogo’s termination lacked both procedural fairness and substantive justification.
“The claims against the claimant were predominantly unproven,” she observed. “The respondent did not produce any investigation report or cogent evidence to support the dismissal.”Mr Chogo was awarded one month’s salary in lieu of notice, KSh74,124.70, and eight months’ salary, amounting to KSh592,997.60, as compensation for unfair termination, totalling KSh667,122.30.
The ruling sends a strong message to employers, particularly in the health sector, about the importance of adhering to due process and upholding workers’ rights, even when misconduct is suspected. Mr Chogo, now vindicated after a protracted legal battle, has not yet indicated whether he intends to return to the health sector or pursue other avenues.
