Case law
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Division and case type: CivilCivil Appeal
…Your passionate submission dated March 17, 1977 has been rendered void by the developments quoted in paragraph 1 of this letter wherein it shows that your client has of his own volition accepted employment in Nakuru.”…
…The whole arrangement may have amounted to a device for getting his pension early and continuing in remunerative employment.…
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 Appeal
…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.…
…If a civil servant has prospects of further employment which he would lose, no doubt account should be taken to that. In the present case for some reason that was not put forward.…
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
…The plaintiff’s claim relates to alleged wrongful summary dismissal from his employment by the defendants.…
…The defence is that the plaintiff’s dismissal from employment was proper and does not provide him with a cause of action in the suit. That is certainly an arguable point.…
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: CriminalCriminal Appeal
…He said the witnesses had lied against him because of his employment.…
Division and case type: Constitutional and Human RightsPetition
…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: CivilCivil Suit
…The remaining years of employment were only 4. Considering that he would have moved into private sector as his wife said he had a garage opened to operate on retirement.…
Division and case type: CivilCivil Case
…An employer will be held to be vicariously liable if its employee was acting within the course and scope of employment at the time the delict was committed.” [Own emphasis] 36.…
…Where there is no salary proved or employment, the court should be wary into subscribing to a gure so as to come up with a probable sum to be used as a multiplicand.…
Division and case type: CivilCivil Case
…The plaintiff in the present case is still retained in his employment but the fact that the peri-arthritis in the right shoulder is a permanent feature has to be taken into account.…
Division and case type: CivilCivil Case
…DEFENDANTS JUDGMENT By this action the plaintiff seeks to recover from the defendants damages for the personal injuries which he suffered when the upper wall of the pit in which he was working in the course of his employment…
…The plaintiff’s residual disability when combined with the fact that he is illiterate render him totally unfit for any gainful employment.…
Division and case type: CriminalCriminal Appeal
…It states;- “Where any person who falsely represents himself to be a person employed in the public service, and assumes to do any act or to attend in any place for the purpose of doing an act by virtue of such employment…
Division and case type: CriminalCriminal Appeal
…On the contrary, there is nothing which would contradict the appellant’s testimony that he obtained the documents in the course of his employment in connection with the three wheat consignments.…
Division and case type: CivilCivil Suit
…Our clerk left our employment in between. I believe.”…
…In the other case, it was stated that “our” clerk left the advocate’s employment.…
Division and case type: CivilCivil Case
…Our clerk left our employment in between. I believe.”…
…In the other case, it was stated that “our” clerk left the advocate’s employment.…
Division and case type: CivilCivil Case
…On the 10th October, 1987, he was injured in the course of his employment with the Defendant.…
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: CriminalCriminal 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.…