Case law
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Division and case type: CivilCivil Appeal
…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…
Division and case type: Anti-CorruptionCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…I, therefore, turn to Mr Inamdar’s second authority, which was the only one relating to personal injury, though not one in the course of employment namely Plotti v The Acacia Co [1959] EA 218, in which Law JA as he later…
…Paragraph 4 of the plaint which was admitted in the defence filed on behalf of the defendant is in the following terms: (4) It was a term of the said contract of employment between the defendant(s) and the plaintiff and or…
Division and case type: CivilCivil Appeal
…In Re Pickles v National Coal Board (Intended Action) [1968] 1 WLR 997, the proposed plaintiff had been employed as a miner by the proposed defendants from 1947 to 1960, when he changed his employment to that of a lathe operator…
…In February, 1966 he became ill and in July, 1966 he was informed by his doctor that he was suffering from silicosis contracted during his employment as a miner.…
Division and case type: CivilCivil Appeal
…The facts giving rise to this appeal are that the Appellant, in the course of his employment by the Respondent Port Authority was driving a tractor for the purpose of moving scrap metal, which was being stacked on the tractor…
Division and case type: CivilCivil Appeal
…called “the deceased”) in an accident which occurred on 20th August, 1994, at Kibarani involving a motor vehicle registration number KWP 155 owned by the defendant but at the material time being driven by a driver in the employment…
Division and case type: CivilCivil Appeal
…Generally speaking once an employee has been dismissed that terminates his employment.…
Division and case type: CivilCivil Appeal
…The judge called for further information on the scrap blue of the vehicle and the respondent plaintiff’s loss of employment prospects which was conscientious and proper for him.…
…Anyway, the evidence revealed that the loss of half is salary for six months, apart, Olenja returned to his employment on full salary and it increased annually.…
Division and case type: CivilCivil Appeal
…The salient facts are that on the day in question, 4 April 1985, the plaintiff (who now appeals to this Court) was involved in a motor vehicle accident; when he was driving his employer’s vehicle in the course of his employment…
Division and case type: CivilCivil Appeal
…He intends to return to his home in Bomani location, Kitui where, with his new skills, he will try to find employment but he thinks his prospects are dim.…