Former Kesses MP Swarup Mishra, who is also the Chairman of the Mediheal Group of Hospitals, has been ordered to pay more than Sh420 million in damages and salary arrears to 62 medical professionals who were formerly employed as expatriates.
The Nakuru Employment and Labour Relations Court allowed the petition filed by the staff, mainly from India, after finding that the hospital had forced them out of work by withholding their salaries for several months.
Mediheal Group of Hospitals' founding chairman, Dr Swarup Mishra, during a press conference in Eldoret City, Uasin Gishu County on April 23, 2025.
Photo credit: Jared Nyataya | Nation
In her June 12 judgment, Justice Anna Mwaure ruled that the petitioners were constructively terminated from their employment once their salaries were withheld, and are thus entitled to compensation.
She ordered the hospital to pay them a total of Sh277 million in salary arrears, Sh50 million for failure to issue a three-month notice and Sh93 million in damages for unfair termination due to constructive dismissal.
The judge noted that the petitioners had proven they were employees of the hospital and had never been paid their allowances, despite having been constructively dismissed.
“The respondent withheld and failed to pay the claimants their salaries, forcing them to resign involuntarily. To date, there is no evidence that the claimants’ salaries have been settled,” ruled Justice Mwaure.
“Failure to pay employees’ salaries consistently for several months strikes at the heart of the employment contract and leaves such employees vulnerable and embarrassed. The court holds that such behaviour would push any employee to resign, as they are not receiving the fruits of their labour.”
Mediheal Group of Hospitals in Eldoret City, Uasin Gishu County in this photo taken on April 23, 2025.
Photo credit: Jared Nyataya | Nation
In the case filed in February last year, the 62 medics sought court intervention after accusing the hospital of breaching their employment contracts. They claimed to have approached the hospital management to resolve the dispute but only received unfulfilled promises of payment.
According to the petitioners, their efforts to invoke the arbitration clause in their contracts also proved futile, as the hospital remained unresponsive.
The employees produced in court a letter written to them by Mediheal Group of Hospitals Chairman Dr Mishra, thanking them for their patience and promising to settle the arrears, a promise that was never fulfilled. Dr Mishra had indicated that the hospital was engaging a lender to advance funds for their payment, which also never materialised.
