Judgment[1989] KECA 13
Case law
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Division and case type: CivilCivil Appeal
…At the conclusion of a review of the evidence, the judge held that at common law an employee takes upon himself risks necessarily incidental to his employment; that an employer does not warrant the safety of the employee’…
…It was held that in failing to take such precautions as would guard him from being injured, the employers were guilty at common law.…
Division and case type: CivilCivil Appeal
…The common law is stated in terms in Halsbury’s Laws of England Vol 16, 4th Ed para 647. “647 Grounds for dismissal discovered subsequently.…
…It follows that at Common Law the learned judge was bound to regard the defence as the vital issue and not what was said at the time of dismissal.…
Division and case type: CivilCivil Appeal
…As this Court said in Zablon Mariga v Morris Musila [1984] 1 KAR 507 at p 512 Kenya is developing its own common law, independently of other jurisdictions, and its rules will be made, and developed according to the circumstances…