Case law
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Division and case type: CivilCivil Case
…1992 DIONYSIUS OMAMBIA ONYINKWA...................PLAINTIFF VERSUS KENYA PORTS AUTHORITY.............................DEFENDANT RULING The plaintiff herein alleged in his plaint that he was so unlawfully dismissed from his employment…
…common ground that the dismissal culminated from an inquiry by a committee which had been set up to inquire into an allegation that the plaintiff had received bribes from potential candidates seeking to be interviewed for employment…
Division and case type: CivilCivil Case
…However, permanent employment does not mean that it is necessarily employment for life or until retirement, it merely means that the employment is to continue for an indefinite period with an element of permanency and a degree…
…His contract of employment with the defendant was terminated.…
Division and case type: CivilCivil Case
…She contends that her employment was unlawful and in breach of her contract of service with the Defendant. She further contends that the Defendant defamed her in various notes and memoranda addressed to her.…
…Again if the employee were to be minded to leave his employment, say for a better - paid job, and he gives notice of his intention to leave, the employees is not obliged to assign any reason for his intention to terminate…
Division and case type: CivilCivil Case
…The plaintiff’s claim relates to alleged wrongful summary dismissal from his employment by the defendants.…
…The defence is that the plaintiff’s dismissal from employment was proper and does not provide him with a cause of action in the suit. That is certainly an arguable point.…
Division and case type: CivilCivil Case
…DEFENDANT JUDGMENT The plaintiff Ali Juma Maingi sued his former employer Metal Box (K) Ltd claiming damages for the injuries he sustained as a result of being assaulted by one of his fellow co-employees, in the course of their employment…
…The defendant denied in its defence, that the assault of the plaintiff by his fellow employee occurred in the course of their employment nor was it precipitated by the negligence of the defendant, as assault is a criminal…
Division and case type: CivilCivil Case
…An employer will be held to be vicariously liable if its employee was acting within the course and scope of employment at the time the delict was committed.” [Own emphasis] 36.…
…Where there is no salary proved or employment, the court should be wary into subscribing to a gure so as to come up with a probable sum to be used as a multiplicand.…
Division and case type: CivilCivil Case
…The plaintiff in the present case is still retained in his employment but the fact that the peri-arthritis in the right shoulder is a permanent feature has to be taken into account.…
Division and case type: CivilCivil Case
…DEFENDANTS JUDGMENT By this action the plaintiff seeks to recover from the defendants damages for the personal injuries which he suffered when the upper wall of the pit in which he was working in the course of his employment…
…The plaintiff’s residual disability when combined with the fact that he is illiterate render him totally unfit for any gainful employment.…
Division and case type: CivilCivil Case
…Our clerk left our employment in between. I believe.”…
…In the other case, it was stated that “our” clerk left the advocate’s employment.…
Division and case type: CivilCivil Case
…On the 10th October, 1987, he was injured in the course of his employment with the Defendant.…
Division and case type: Milimani Commercial CourtsCivil Case
…Further, the Defendant states that it was an agreed condition that once a staff member leaves the employment of Defendant if they had several loans all the outstanding loans would be merged into one loan account for ease…
…At the time the Plaintiff’s employment was terminated she had 3 outstanding loans being the school fees loan, check off loan and the car loan which loans were consolidated into one account with effect from 18th November 2005…
Division and case type: CivilCivil Case
…The witness wanted to know the whereabouts of her daughter, and was protesting against the plaintiff’s meddling in her daughter’s employment and spoiling her work.…
…There is evidence that after the deceased left the plaintiff, the plaintiff behaved towards her in a vindicative spirit and, in particular, tried to have her dismissed from her employment.…
Division and case type: CivilCivil Case
…It was the unanimous opinion of the 3 surgeons that the severe injuries which he sustained have almost utterly destroyed his opportunities in the employment market and have permanently consigned him as a dependant of another…
Division and case type: CivilCivil Case
…The third defendant by reason of his being their employer and the assault having been committed by the first two defendants in the course of their employment is also liable.…
Division and case type: CivilCivil Case
…He further alleges that at the time of the accident the two vehicles were being driven by their respective drivers as the servants or agents of their respective owners in the course of their employment and/or within the scope…
Division and case type: Milimani Commercial CourtsCivil Case
…The accused was 48 years of age, and he stood to lose his employment and terminal benefits. Mr Njugi said, and this is of particular significance to the present action, that what was stolen had been discarded.…
Division and case type: CivilCivil Case
…He further alleges that at the time of the accident the two vehicles were being driven by their respective drivers as the servants or agents of their respective owners in the course of their employment and/or within the scope…
Division and case type: CivilCivil Case
…The driver was in the course if his employment and so he binds the master.…
Division and case type: CivilCivil Case
…The Defendant has not alleged anywhere that the person piloting the Ferry at the time of the accident was not doing so in the course of his employment.…
Division and case type: CivilCivil Case
…The deceased hada net regular employment income of Kshs 12,097 including houseallowance. He earned a monthly average of K.shs. 15,000-20,000/-from Private tuition.…