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…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…

…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.…

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

…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.…

…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.…

…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…

…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…

…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 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.…