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…But the employee is under duty to mitigate hisloss by taking other employment which is suitable andavailable.…

…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.…

…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.…

…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.…

…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.…

…The remaining years of employment were only 4. Considering that he would have moved into private sector as his wife said he had a garage opened to operate on retirement.…

…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.…

…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.…

…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.…

…On the 10th October, 1987, he was injured in the course of his employment with the Defendant.…

…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…

…Accordingly, we substitute for the conviction recorded against the appellant a conviction of stealing the lesser sum of Shs 4,500, the property of the Republic of Kenya, which came into his possession by virtue of his employment…

…Accordingly, we substitute for the conviction recorded against the appellant a conviction of stealing the lesser sum of Shs 4,500, the property of the Republic of Kenya, which came into his possession by virtue of his employment…

…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.…

…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…

…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.…

…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…

…that on diverse dates between 9-10-96 and 8-11-96 he in Harbour House along Moi Avenue in Mombasa he being servant to Maersk (K) he stole from the said company KShs.938,138/30 which came to his possession by virtue of his employment…

…that on diverse dates between 9-10-96 and 8-11-96 he in Harbour House along Moi Avenue in Mombasa he being servant to Maersk (K) he stole from the said company KShs.938,138/30 which came to his possession by virtue of his employment…