Search court decisions

…PW2 admitted that she had no written contract of employment and was not part of the school’s board of directors.…

…PW4 testified that she commenced employment at the school in January, 2021 after completing her college training.…

…, determine employment; d.…

…There are two key ingredients to this offence which must be satisfied being; proof of employment; and proof of the theft of the employer’s property which may have come into possession of the offender by virtue of the employment…

…He was not given document terminating his employment and he was also not given a formal letter of employment. He was ordered to leave the premises which he did.…

…George Akaka (deceased) who had been paid for an out of court settlement of an employment dispute. 2. The Appellant handed Mr.…

…Upon conviction, the trial court considered the favourable Probation Officer’s Report and the mitigation that the Appellant had secured employment in Nairobi and intended to relocate.…

…Taking those factors into account, together with the prevailing difficulty in obtaining employment, the court sentenced the Appellant to pay a fine of Kshs. 30,000/=, in default to serve one (1) year imprisonment.…

…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.…

…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.…

…Marsabit central sub county within Marsabit town, being an employee of Total Marsabit service station stole cash Kshs.8,031,431/= the property of Total Marsabit service station which came into his possession by virtue of his employment…

…Under cross examination he confirmed that he did not have his employment letter in court and reiterated that they would close/sign the said reconciliation form before the 1 st appellant.…

…He testified that he left the employment on 23/3/2022 – that he had been in employment since 2019. He confirmed that they would do farm chores with the complainant.…

…The appellant defence that it all had something to do with him leaving the employment of the family was clearly an afterthought and the trial court was right to reject this defence.…

…The appellant has premised his application for consideration of his application under the vacation Rules on grounds that his is suffering from ill health and that he risks losing his employment due to his continued incarceration…

…He did not disclose her to his employer but later contacted her and informed her that there was no vacancy, although he knew of another employment opportunity.…

…It was Appellant’s evidence that on 4th August 2020, he travelled to Nairobi and secured employment at Tumaini Hotel in Kayole, where he worked until September.…

…Unlike ordinary stealing under section 275, the offence criminalizes theft committed by an employee in respect of property entrusted to him by virtue of his employment.…

…section 281 to stand, the prosecution must establish that; i. the accused was a servant or employee of the complainant; ii. the property belonged to the employer or came into the possession of the accused by virtue of that employment…

…He is apprehensive that his continued detention might render him jobless as the TSC shall terminate his employment as he is unable to carry out his administrative duties as per the TSC mandate. c. he is the sole breadwinner…

…members comprised of three children and three nephews, children of his deceased sister and brother. d. he is aware of the uncertainties of appeal, hence it is safer to be released on bond and to avoid termination of his employment…

…July 2024 at East End Junior Academy within Nairobi County, the accused person, with intent to deceive, made false representations that he was Paul Mwaniki Kariuki of National Identity Card No 22999957 and falsely obtained employment…

…He established that there was a loan in a branch in Nairobi, which he had purportedly opened, and provided his employment details at East End School as a cook.…

…They took tea together and Anita informed him that she would connect him with her brother, who was a head teacher for employment opportunities.…

…He stated that they remained in the house awaiting feedback from Anita regarding the employment opportunity. He alleged that he began living with Anita and that they cohabited for approximately one month.…

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

…The trial Magistrate proceeded to state as follows: The employment dispute, allegations of a previously existing marriage and the fact that the accused’s family were pitted against each other in the case are aspects which…

…The trial Magistrate focussed on extraneous matters, namely that there was an employment dispute, allegations of a previously existing marriage and conflict between members of the Respondent’s family.…

…She established the accused’s employment at the school and the timeline of his disappearance from duty in July 2023. 8.…

…She recovered CCTV footage from a neighbouring lodging showing the accused and victim together and Produced the CCTV CD (Exhibit 7), an exhibit memo (Exhibit 8(a)), and the accused's employment records (Exhibit 9). 10.…

…ducks worth Kshs. 4,000/- j) 4 plastic silage drums worth Kshs.72,00/- k) 4 sacks of maize worth Kshs.12,000/- all values at Kshs.185,200/- the property of Patrick Mugo Kangee which came into his possession by virtue of his employment…

…The next issue that this court addresses its mind to is whether the appellant was employed by the complainant.Section 2 of the Employment Act defines casual employees as: "Casual employee means a person the terms of whose…

…The witness produces the letters of employment on contractual basis of the three. 31.…

…He was shown a payslip that had his employment number but whose other details he said were not his.…