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…himself risks necessarily incidental to him employment.…

…It is an implied term of employment that an employer will make the conditions of employment to his employee absolutely safe and will not expose his employees to any danger to avoid any negligence, but will not be responsible…

…Thus, a master is not liable for negligence committed outside the scope of his employment.…

…The County Court judge decided that at the time of the accident, the coachman was not acting within the scope of his employment.…

…With regard to the claim for salary and house allowance for the period the appellant was unemployed we agree with the finding of the learned judge that the appellant had not deserted his employment.…

…The appellant later had no difficulty in getting a work-permit when he obtained new employment.…

…The employment, to begin with, was terminable by a notice of one month on either side.…

…Romsalves who was at the time of giving evidence no more in the employment of K.G.G.C.U. She had no axe to grind and her evidence was credit-worthy.…

…He denied having forged the photocopy certificate S/No NAC/5202 (Ex 1) which he used to secure employment at the Kenya Polytechnic.…

…It is not in dispute that the appellant committed the offence in order to secure employment.…

…However, on December 11 1977, the security guard Moses Aila, stole 16 cases or caused them to be stolen, in the course of his employment.…

…It is said that the act complained of was not within the scope of the employment of the guard and was wholly unauthorized.…

…The said contract also contained a provision by which the employment of the appellant could be terminated by one months’ notice. The respondent on 15th February, 1992, terminated the appellant’s services.…

…The grounds of appeal aver that the learned judge acted on a wrong principal of law in holding that the appellant was not entitled to the claim for a year’s salary under the contract of employment.…

…Indeed, even under the Employment Act (cap 226) an employer may summarily dismiss a servant who is guilty of a criminal offence, (see sec 17(g)).…

…Having considered direct cases of disqualification one can demonstrate the difference between those cases and the termination of employment.…

…JUDGMENT This is an appeal from a judgment of Bhandari J following a hearing which took place at Mombasa to determine the claim of the appellant as plaintiff that the defendant summarily and wrongfully dismissed him from his employment…

…The defendant’s contention is that whilst in the employment of the defendant as a toll collector, the defendant falsified entries in the ticket machine used by him in the course of collecting fares at the ferry, causing the…

…According to PW1 he had provided his workers with other essential household goods like beds, mattresses, brooms, blenders etc. which they were to use while in employment. This was confirmed by the Appellant.…

…PW1further admits Appellant had his permission to use the items while in his employment.…

…Your passionate submission dated March 17, 1977 has been rendered void by the developments quoted in paragraph 1 of this letter wherein it shows that your client has of his own volition accepted employment in Nakuru.”…

…The whole arrangement may have amounted to a device for getting his pension early and continuing in remunerative employment.…

…The court was referred to decisions of the High Court allowing for valuable remunerated employment after retirement from the Civil Service, and the courts would do well to consider that situation whenever it arises.…

…If a civil servant has prospects of further employment which he would lose, no doubt account should be taken to that. In the present case for some reason that was not put forward.…

…At all material times the plaintiff was employed by the defendant as a loading booking clerk. 4) It was a term of the said contract of employment between the plaintiff and the defendant and/or it was the duty of the defendant…

…to take all reasonable precautions for the safety of the plaintiff while he was engaged upon the said employment, not to expose the plaintiff to a risk to damage or injury of which they knew and ought to have known and to…

…He said the witnesses had lied against him because of his employment.…

…It states;- “Where any person who falsely represents himself to be a person employed in the public service, and assumes to do any act or to attend in any place for the purpose of doing an act by virtue of such employment…

…On the contrary, there is nothing which would contradict the appellant’s testimony that he obtained the documents in the course of his employment in connection with the three wheat consignments.…

…He concluded by submitting that the offence of desertion amounted to a labour dispute and as such the jurisdiction to hear the matter lay with the Employment and Labour Relations Court.…

…He concluded by submitting that the offence of desertion amounted to a labour dispute and as such the jurisdiction to hear the matter lay with the Employment and Labour Relations Court.…

…We do not know if the learned Judge rejected this claim on the ground that the appellant, being a refugee in Kenya, was, by law, not allowed to engage in employment or on the ground that there was no sufficient evidence to…

…But the learned Judge did not specifically say she disbelieved his oral evidence with regard to his previous employment.…