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…March 1977, indicated that the appellant had wilfully, that is to say on grounds that were not valid, refused to accept his posting to Kakamega, and he was warned that his “persistent insubordination” would lead to his dismissal…

…The letter referred to a memorandum written by his counsel, which I presume, had the effect of translating the situation from one of dismissal without rights to one of retirement in the public interest.…

…It was common ground that after my dismissal of the application to remove the petition from the proceedings or stay or strike out the same, the company came along and paid the entire principal amount owed to the petitioner…

…It was common ground that after my dismissal of the application to remove the petition from the proceedings or stay or strike out the same, the company came along and paid the entire principal amount owed to the petitioner…

…It follows that once an employee has been dismissed, whether rightly or wrongly, the dismissal stands, and if the contract has been broken by the employer, damages for breach of contract is the remedy to which the employee…

…The problem with this interpretation is that dismissal is neither automatic on conviction, nor is reinstatement automatic on acquittal under the regulations. There is an area of discretion on each side of the line.…

…The respondent’s claim was based on alleged wrongful dismissal. The respondent was an employee of long standing of the appellant. The claim is not insubstantial.…

…In this case as there was no denial at all of the allegation of the alleged wrongly dismissal and in any event there was no application made to the judge orally or otherwise to amend the defence, we see no point in letting…

…The plaintiff’s claim relates to alleged wrongful summary dismissal from his employment by the defendants.…

…He instituted the suit for general damages for that alleged dismissal in addition to other reliefs which are listed in the plaint.…

…DEFENDANT J U D G M E N T The Plaintiff, Jane Wanja Mwangi, filed this suit against the Defendant, Nairobi City Commission praying for Judgment for " (a) Damages for wrongful dismissal, defamation and other benefits (b) Costs…

…In the process therefore the Plaintiff's dismissal was unlawful. Having come to that conclusion, I do not think I need to be specific about compulsory leave, interdiction and suspension.…

…I therefore set aside her dismissal order and substitute there to an order for Judgment of 7,000/= for the plaintiff plus interest at court rates from the date of filing which was on 2.12.1992 until6.4.93 when the same was…

…Respondent paid a substantial part of the claim immediately the suit was filed, the appellant will have 3/4 costs in the lower court and half costs on appeal. (4) The rest of the claim was rightly dismissed and I confirm the dismissal…

…Consequently, he argued, his dismissal was wrongful as entitles him to damages. He does not think the allegations which the defendant relied upon to dismiss him had any basis.…

…The plaintiff now contends that his dismissal has caused him loss and damage.…

…For one reason or another he could not mount a second appeal against dismissal of first appeal by the High Court. The High Court dismissed his first appeal on 21st October, 1994.…

…The latter doctrine does not give immunity in transaction of a commercial nature” The second defendant has now filed an application asking the Court to review its dismissal order on the grounds inter alia that the order contains…

…That application (No. 72 of 1997) was dismissed, but the reasons for its dismissal are not before us. On 11th September 1997, he filed a similar application, to wit Civil Application No 238 of 1997.…

…Likewise, the reasons for its dismissal are not before us.What is, however, clear is that both applications were fully heard but were dismissed for lack of merits.…

…Issue in Dispute:- “Dismissal of M/S. Dominic Nzivu and Peter Omondi” (hereinafter called the grievants). No appearance for the Claimants (hereinafter called the Union).…

…I must, first of all, deal with the aspect of desertionfrom duty since in these proceedings the defendants have citedit as their justification for the dismissal act taken against(him (the plaintiff). Did he desert duty?…

…In the first place,the dismissal letter of 20th May, 1988 (Exh.7) does not specifythe Period during which the plaintiff had been absent from dutyand had not been working in Mombasa.…

…The matter came speedily before the Court because on the same day, that is to say, August 24th, 1988, counsel for the defendant applied for an adjournment to enable him to apply to set side the ex-parte dismissal of the application…

…From the moment he refused to allow an adjournment so that an application to set aside the ex-parte dismissal of the defendant’s application to set aside the interlocutory judgment could be made, the judge had before him…

…authorities, that where there exists a termination clause of a period specified such as in this cause, an employee in the position of the appellant as herein, was entitled to one month’s salary in lieu of notice following his dismissal…

…The appellant being dissatisfied with the dismissal of his two said applications appealed to the High Court at Kakamega in its civil appeal No 14 of 1986.…

….…….4TH DEFENDANT RULING The first and second defendants have pending before court a Notice of Motion dated 27th July 2006 seeking the dismissal of this suit for want of prosecution.…

…The termination was said to last for 24 months and as a result he claimed damages for wrongful dismissal and the payment of his salary and allowances for 24 months.…

…In answer to those claims Mr Sampson held that the Appellant had not proved that he was entitled to any general damages for wrongful dismissal because it was not wrongful termination which had caused the Plaintiff to be unemployable…

…It is that dismissal that is now the subject of the reference before us. At the hearing of this reference on 18th December, 1996, Mr.…