“"termination"” — court decisions

Judgment[1995] KECA 13213 March 1995

Francis Wainaina v Kenya Commercial Finance Company Limited

Court of Appeal at NairobiAluoch,judge High Court,JUDGE APPEALCase number Civil Appeal 116 of 1987

Division and case type: CivilCivil Appeal

…, is the same as that which the appellant would be liable to pay, if he terminates the agreement under clause 7 thereof, namely, the difference between the total rental of 269,594/45 less any rentals paid by the time of termination…

…As for the tenor of the agreement itself, we think that it can be stated right away, that its true intent was for the rental of equipment and which, upon its termination before it had ran its course, either by the appellant…

appeal failsDismissed14 min read

Judgment[1988] KECA 5810 May 1988

Okong'o v Attorney-General & another

Court of Appeal at Kisumujudge High Court,Act,JUDGE APPEAL,WasunaCase number Civil Appeal 170 of 1986

Division and case type: CivilCivil Appeal

…The possibility of a termination of the contract of service on conviction is not the same thing as the imposition of a disqualification or disability.…

…Having considered direct cases of disqualification one can demonstrate the difference between those cases and the termination of employment.…

Appeal refused