Ndoo t/a Ngomeni Bus Service v Kakuzi Ltd
Division and case type: Anti-CorruptionCivil Appeal
…(b) There was no evidence that the employee was aware of any prohibition to drive as alleged; (c) The employee was not called to give evidence, the onus of proof in such cases being always on the employer; (2) The learned…
…Even accepting that as express prohibition, using the vehicle along Thika/Garissa Road was, at worst, disobedience of the employer’s command while doing that which he (the servant) was employed to do, for he was employed…