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…The next issue that this court addresses its mind to is whether the appellant was employed by the complainant.Section 2 of the Employment Act defines casual employees as: "Casual employee means a person the terms of whose…

…This is because the deceased was a casual employee who would not be lucky to get work daily.…

…The trial court held that being a casual employee, the deceased had access to and authority, express or implied, to the use of the motorcycle, evidenced by the fact that the deceased took the motorcycle and there was no report…

…The trial court further held that the deceased being under the command of the 1st appellant by virtue of being a casual employee, the 1st appellant was vicariously liable for the deceased’s actions.…

…PW7 JOSEPH MASEKI NGUTHI was the employer of the deceased told the court that she was a casual employee. On 1st December 2019 he went to the business to check records then went home.…

…It was submitted that the employer’s letter showed he worked on a casual, need-to-need basis and therefore fell within the definition of a casual employee under sections 2 and 37 of the Employment Act.…

…When it came to her oral testimony, the appellant told the court that he blamed the driver because he was speeding and that he was lawfully ferried by the motor vehicle as he was a casual employee of the 1 st respondent.…

…She stated that on the 19/07/2023 she was at home cleaning utensils in the company of her grandchild and her casual employee Festus Mwaniki.…

…He said he went to the site – he found trees already cut, he did not see who did the cutting but the casual employee told him that the trees were cut by people who had been sent by his brothers.…

…He said that the casual employee who told him what he saw was called Sila. 35.…

…Under cross-examination by Counsel for the Appellant, he stated that the 1st Respondent was their casual employee.…

…(a casual worker), sustained injuries.…

…Under cross-examination by Counsel for the Appellant, he stated that the 1st Respondent was their casual employee.…

…(a casual worker), sustained injuries.…

…He left his brother his brother David Thoya Maitha, Big D, a casual employee (2nd accused) and his cousin Baya at the shop.…

…Given that this was a casual employee, then a minimum wage could have serviced. The death certificate indicated deceased had no occupation. He lied at industrial area. He could be said to be an artisan.…