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….… APPELLANT VERSUS KENYA BUS SERVICES (MSA) LTD…………..….DEFENDANT (Appeal from the High Court at Mombasa, Bhandari J) JUDGMENT This is an appeal from a judgment of Bhandari J following a hearing which took place at Mombasa…

…Section 14 of the Employment Act, cap 226, which settles the matter in favour of the plaintiff, provides, “14 (1) Every contract of service: (a) for a period, or a number of working days which amount in the aggregate to the…

…The contract of service was reduced into writing. 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 appellant then instituted these proceedings for the recovery of salary for 12 months.…

…It is likely that counsel for the respondents will assist, as he gallantly sought to represent both respondents, despite non-service in the case of Mr Kombo Kassim Omar.…

…The court was referred to decisions of the High Court allowing for valuable remunerated employment after retirement from the Civil Service, and the courts would do well to consider that situation whenever it arises.…

…The magistrate said that the appellant was identified at identification parades by Paresh and John Maina, a Tudor Security Service Guard who was on duty at the Inter-Fashions Factory at the relevant time.…

…The facts which triggered off this litigation were that by August 13th, 1986 at 1 am, the plaintiff, who has been in the service of the defendant for just over six years, was going round when he saw four people.…

…Examples of this principle are to be found in the case of ex parte unjunctions, ex parte orders made for service of proceedings out of the jurisdiction under Order 11 of the Rules of the Supreme Court.…