The Employment and Labour Relations Court in Nairobi has ordered the Kenya Medical Supplies Authority (KEMSA) to pay two of its former directors Ksh 12 million for unlawful dismissal and violation of their constitutional rights.
In a judgment delivered on 3 November 2025, Justice Mathews Nduma ruled that Edward Njoroge, the former Director of Corporate Services, and Caroline Anunda, the former Finance Manager, were subjected to unfair treatment, including being sent on indefinite compulsory leave without notice or due process.
Court Orders KEMSA to Pay Former Directors Ksh12 Million for Unlawful Dismissal
The court awarded each of the petitioners Ksh 6 million in general damages for the violation of their rights.
“A declaration is issued that the placing of the 1st and 3rd Petitioners on an indefinite compulsory leave without notice, due process, or reasons violated the rights of the Petitioners under Articles 27, 41,47,50, and 236 of the Constitution of Kenya 2010,” the court ruled.
“The court awards the 1st and 3rd Petitioner general damages for the violation of their human rights protected in the sum of Ksh 6,000,000.00 (six million) each.”
At the same time, the court awarded Njoroge compensation for unlawful constructive dismissal equivalent to six (6) months’ gross salary to be
computed and paid by the KEMSA.
Also Read: Court of Appeal Scraps Three-Year Waiting Period for Divorce in Kenya
The case stemmed from a complaint filed by the former officials, who challenged their interdiction and placement on half salary, as stated in a letter dated September 20, 2024.
The letter, issued by KEMSA, cited alleged offences related to an adverse opinion contained in the Auditor General’s report for the fiscal year ending June 2023.
Petitioners Challenge Indefinite Forced Leave at KEMSA
According to court documents, the petitioners argued that the adverse audit opinion could not be treated as a disciplinary offence under the KEMSA Human Resource Dispute Policy Manual.
They further stated that during the financial year in question, they had already been placed on compulsory leave, with a caretaker management team overseeing operations following a directive by the Head of Public Service.
The court heard that the interdiction letters failed to give the officials an opportunity to respond to the allegations or to show cause why disciplinary action should not be taken against them, in violation of Section 21.6 of the KEMSA HR Disciplinary Policy Manual.
The clause provides that “in all disciplinary cases, employees are allowed to make their representations.”
Njoroge resigned on October 1, 2024, after what the court described as a “repudiatory breach” of his employment contract by KEMSA. The judge found that his resignation constituted constructive dismissal, which was caused by the employer’s actions.
“The conduct by the Respondents justified repudiation of the contract of employment by the 1st Petitioner. The resignation by the 1st Petitioner amounted to unfair constructive dismissal,” ruled Justice Nduma.
Also Read: Governor Ordered to Pay Company Ksh 211Million Within 14 Days
Anunda, who joined KEMSA in 2012 on permanent and pensionable terms, had her employment converted to a fixed-term contract in 2020, which the court found to be irregular.
Her contract was not renewed in February 2025 despite what the court described as her “stellar performance.”
While the judge held that the issue of conversion from permanent to contractual terms was time-barred, he found that her compulsory leave and subsequent non-renewal were influenced by unfair administrative actions.
The court dismissed preliminary objections raised by the Attorney General, the Public Service Commission, and the Ministry of Health, ruling that the petition was properly before the court.
Justice Nduma criticised KEMSA’s mass compulsory leave directive in 2023, saying it breached established labour practices and caused unnecessary suffering to the affected staff.
“The Petitioners suffered psychological torture, public ridicule and odium upon being subjected to unlawful compulsory leave for an indefinite period without any notice or hearing,” the court noted.
The court also ordered that the damages attract interest at court rates from the date of judgment until full payment.
Follow our WhatsApp Channel and X Account for real-time news updates.
