Search court decisions

…Whatever label that was put on the relationship, it was a contract of service within the meaning of the Employment Act, 2007.…

…Subject to the provisions of this Act, whenever – (a) an employer or employee neglects to fulfill a contract of service; or (b) any question, difference or dispute arises as to the rights or liabilities of either party; or…

…The Appellant in their supplementary submissions denied the existence of any contract of service between the Appellant and 1st Respondent, citing section 9 of the Employment Act that the 1st Respondent was contracted and…

…From the reading of the definition of contract of service. It is clear there need not to be a written agreement for a contract to be valid. A Valid contract can either be oral or in writing, expressed or implied.…

…Kenya Hospital Association t/a The Nairobi Hospital & 2 others [2012] eKLR where it was held: - “that the distinction between a contract of service or a contract for service, as important as it is, does not apply in cases…

…good sense that where a person is himself under a duty of care, he cannot get rid of his responsibility by delegating the performance of it to someone else, no matter whether the delegation of it be to a servant under a contract…

…The first is that at common law, by which this Court is guided on contract, (see the Law of Contract Act (cap 23) specific performance of a contract of service has never been ordered.…

…The possibility of a termination of the contract of service on conviction is not the same thing as the imposition of a disqualification or disability.…

…The contract of service was reduced into writing. The said contract also contained a provision by which the employment of the appellant could be terminated by one months’ notice.…

…It is not the best of service contracts. If the notice period of one month was not to be applicable during the twelve month probationary period then the parties should have said so in their contract.…

…DW2 Julia Wamweru, the 2nd respondent’s plant administrator, confirmed that the appellant provided them with casual labourers under contract of service, dated 1st November 2011, and renewed on 1st November 2014 by a Deed…

…The evidence shows that under the contract of service, the appellant was responsible for injuries sustained by its staff, the provision of safety gear, and ensuring equipment was in good working condition.…

…DW2 Julia Wamweru, the 2nd respondent’s plant administrator, confirmed that the appellant provided them with casual labourers under contract of service, dated 1st November 2011, and renewed on 1st November 2014 by a Deed…

…The evidence shows that under the contract of service, the appellant was responsible for injuries sustained by its staff, provision of safety gear, and ensuring equipment was in good working condition.…

…(iv) The learned magistrate erred in law and fact by failing to find that the appellant incurred losses arising from the respondent’s breach of clause 10 of the security services contract.…

…It was its submissions that the respondent was in breach of the service contract by allowing theft to occur under its watch. That the respondent breached the contract through unilateral treatment. 7.…

…whose evidence mirrored the pleading, and witness statements filed, considered the submissions filed and held that the 1 st respondent was not entitled to indemnity from the 2 nd respondent having failed to prove any breach of…

…contract of service and/or negligence in the performance of their obligation.…

…In determining whether a relationship between parties is a contract for services between two independent parties or a contract of service giving rise to an employer/employee relationship, the traditional tests of control…

…Section 5 (1) defines an employee and states Meaning of "employee": In this Act, "employee" means a person who has been employed for wages or a salary under a contract of service and includes an apprentice or indentured learner…

…On the employer-employee relationship, the Appellant produced a contract of service dated 6 th April 2019 signed by the 2 nd Respondent, and a clearance certificate dated 12 th April 2021.…

…She conceded that she did not have an official letter of permanent employment or any payslips, but only the contract of service. She also produced the deceased’s academic certificates.…

…This was not a contract for services but contract of services. It is in short, not a contract of employment. The business name registered as Bedaquip Technology Solutions was registered in 2010.…

…I have read through the contract of service dated 22-07-2016. This contract was a simple one with only eleven clauses.…

…Section 14 of the Employment Act, cap 226, which settles the matter in favour of the plaintiff, provides, “14 (1) Every contract of service: (a) for a period, or a number of working days which amount in the aggregate to the…

…Finally, Section 5 (b) (ii) of Cap 405 does not make express provisions for the protection of employees pursuant to a contract of service and I do not think that the provisions of the Act of parliament can be ousted by a…

…Owing to his contract of service, a servant is not generally in a position to choose freely between acceptance and rejection of the risk and so the defence does not apply in an action, against the employer.”…

…Owing to his contract of service, a servant is not generally in a position to choose freely between acceptance and rejection of the risk and so the defence does not apply in an action, against the employer.”…