Case law
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Division and case type: CivilCivil Case
…However, permanent employment does not mean that it is necessarily employment for life or until retirement, it merely means that the employment is to continue for an indefinite period with an element of permanency and a degree…
…His contract of employment with the defendant was terminated.…
Division and case type: CivilCivil Suit
…When he did not agree to this he received a letter Exh 2 dismissing him summarily in accordance with section 17(g) of Employment Act for misappropriating company money as well as absenting himself from work.…
…Since the plaintiff has since then not got any other employment and is not likely to get any, he ought to be paid for all the time he has been without a job and for the future period he is going to be without a job.…
Division and case type: CivilCivil Suit
…With regard to wrongful dismissal, every employee in every employment except one expressly excluded by statute has the right not to be unfairly dismissed by his employer.…
…normal measure of damages is the amount an employee would have earned under the contract for the period until the employer could lawfully have terminated it, less the amount he could reasonably be expected to earn in other employment…
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: Environment and LandCivil Suit
…That the Defendant acted maliciously in failing to recall the Plaintiff back to employment after it had failed to pay them their agreed early retirement package. 10.…
…That the proposal was rejected by the Government and the Plaintiffs were paid their terminal dues in accordance with the terms of the employment. 3.…
Division and case type: CivilCivil Case
…She contends that her employment was unlawful and in breach of her contract of service with the Defendant. She further contends that the Defendant defamed her in various notes and memoranda addressed to her.…
…Again if the employee were to be minded to leave his employment, say for a better - paid job, and he gives notice of his intention to leave, the employees is not obliged to assign any reason for his intention to terminate…
Division and case type: COMMERCIAL DIVISIONCivil Suit
…The plaintiff’s counsel opposed the dismissal on the basis that this matter was being handled by his former partner who has since left for employment and that the present counsel did not know that any matter was pending in…
Division and case type: CivilCivil Suit
…In Waiyunka v Bamburi Portland Cement Co Ltd, Mombasa HCCC 230/80 Muli, J awarded Kshs 12,000 general damages in 1980 for a fractured clavicle as a result of which the plaintiff was unable to follow his employment, unlike…
Division and case type: CivilCivil Case
…DEFENDANT JUDGMENT The plaintiff Ali Juma Maingi sued his former employer Metal Box (K) Ltd claiming damages for the injuries he sustained as a result of being assaulted by one of his fellow co-employees, in the course of their employment…
…The defendant denied in its defence, that the assault of the plaintiff by his fellow employee occurred in the course of their employment nor was it precipitated by the negligence of the defendant, as assault is a criminal…
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: CRIMINAL DIVISIONCriminal Appeal
…He concluded by submitting that the offence of desertion amounted to a labour dispute and as such the jurisdiction to hear the matter lay with the Employment and Labour Relations Court.…
Division and case type: Milimani Commercial CourtsCivil Case
…Further, the Defendant states that it was an agreed condition that once a staff member leaves the employment of Defendant if they had several loans all the outstanding loans would be merged into one loan account for ease…
…At the time the Plaintiff’s employment was terminated she had 3 outstanding loans being the school fees loan, check off loan and the car loan which loans were consolidated into one account with effect from 18th November 2005…
Division and case type: CivilCivil Case
…The witness wanted to know the whereabouts of her daughter, and was protesting against the plaintiff’s meddling in her daughter’s employment and spoiling her work.…
…There is evidence that after the deceased left the plaintiff, the plaintiff behaved towards her in a vindicative spirit and, in particular, tried to have her dismissed from her employment.…
Division and case type: CivilCivil Suit
…They claimed that the defendant had failed to effect increments of their salaries, house allowances according to their agreements of employment.…
Division and case type: Milimani Commercial CourtsCriminal Appeal
…The 3rd accused explained that he had been asked to carry a package by the 4th accused, who had offered him employment, and it was only later that he learnt that it contained a gun etc and, therefore, he decided to hand over…
Division and case type: CriminalCriminal Appeal
…He gave particulars of the appellant’s education up to his qualification as a doctor and subsequent employment by the Kisumu Municipality his involvement in politics and how he joined the society known as Mwakenya and his…
Division and case type: Milimani Commercial CourtsCivil Case
…The accused was 48 years of age, and he stood to lose his employment and terminal benefits. Mr Njugi said, and this is of particular significance to the present action, that what was stolen had been discarded.…
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.…
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.…
Division and case type: CivilCivil Case
…The deceased hada net regular employment income of Kshs 12,097 including houseallowance. He earned a monthly average of K.shs. 15,000-20,000/-from Private tuition.…