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…The agreement dated 23 rd December 2024 which has been acknowledged by both parties was exclusive of the consequences on either party in respect of the contract of service.…

…In other words, the consequences for non-compliance did not affect the parties’ rights and obligations as far as the contract of service was concerned.…

…Whatever label that was put on the relationship, it was a contract of service within the meaning of the Employment Act, 2007.…

…Subject to the provisions of this Act, whenever – (a) an employer or employee neglects to fulfill a contract of service; or (b) any question, difference or dispute arises as to the rights or liabilities of either party; or…

…The Appellant in their supplementary submissions denied the existence of any contract of service between the Appellant and 1st Respondent, citing section 9 of the Employment Act that the 1st Respondent was contracted and…

…From the reading of the definition of contract of service. It is clear there need not to be a written agreement for a contract to be valid. A Valid contract can either be oral or in writing, expressed or implied.…

…Subject to the provisions of this Act whenever- a) An employer or employee neglects or refuses to fulfil a contract of service; or b) Any question, difference or dispute arises as to the rights or liabilities of either party…

…; or c) Touching any misconduct, neglect or ill treatment of either party or an injury to the person or property of either party, under any contract of service, the aggrieved party may complain to the labour officer or lodge…

…Further, that an employee and an employer may enter into a contract of service as; An agreement, whether oral or in writing and whether expressed or implied, to employ or to serve as an employee for a period of time, and…

…of service to employ the 1st Respondent as its employee within the meaning of the act….…

…of service.…

…The Respondent relied on the definition of a contract of service under Section 2 of both the Employment Act and the Income Tax Act, as well as the definition of an agent under Section 2 of the Insurance Act.…

…Kenya Hospital Association t/a The Nairobi Hospital & 2 others [2012] eKLR where it was held: - “that the distinction between a contract of service or a contract for service, as important as it is, does not apply in cases…

…good sense that where a person is himself under a duty of care, he cannot get rid of his responsibility by delegating the performance of it to someone else, no matter whether the delegation of it be to a servant under a contract…

…County Assembly of Nyamira, employer/employee relationship exists when there is a “contract of service” as defined by Section 2 of the Employment Act, 2007.…

…What is important is the existence of a contract of service “whether oral or in writing, and whether expressed or implied to employ or to serve as an employee for a period of time…for wages or a salary.”…

…County Assembly of Nyamira, employer/employee relationship exists when there is a “contract of service” as defined by Section 2 of the Employment Act, 2007.…

…What is important is the existence of a contract of service “whether oral or in writing, and whether expressed or implied to employ or to serve as an employee for a period of time…for wages or a salary.”…

…The first is that at common law, by which this Court is guided on contract, (see the Law of Contract Act (cap 23) specific performance of a contract of service has never been ordered.…

…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.…

…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.…

…It is not the best of service contracts. If the notice period of one month was not to be applicable during the twelve month probationary period then the parties should have said so in their contract.…

…Clerk Kiambu County Assembly and Another [2014] eKLR: “For one to access the jurisdiction at E&LRC he must demonstrate that there exists an employer - employee relationship; that there is an oral or written contract of service…

…of either party, under any contract of service, the aggrieved party may complain to the labour officer or lodge a complaint or suit in the Employment and Labour Relations Court. (2) No court other than the Employment and…

…DW2 Julia Wamweru, the 2nd respondent’s plant administrator, confirmed that the appellant provided them with casual labourers under contract of service, dated 1st November 2011, and renewed on 1st November 2014 by a Deed…

…The evidence shows that under the contract of service, the appellant was responsible for injuries sustained by its staff, the provision of safety gear, and ensuring equipment was in good working condition.…

…DW2 Julia Wamweru, the 2nd respondent’s plant administrator, confirmed that the appellant provided them with casual labourers under contract of service, dated 1st November 2011, and renewed on 1st November 2014 by a Deed…

…The evidence shows that under the contract of service, the appellant was responsible for injuries sustained by its staff, provision of safety gear, and ensuring equipment was in good working condition.…

…On the factors considered in determining whether one was an employee and therefore under a contract of service, the appellant relied on Kenya Hotels & Allied Workers Union v Alfajiri Villas (Magufa Ltd) [2014] eKLR, Christine…

…The Tribunal has examined the contracts in evidence and is of the view that the said contracts do not contain salient features of contracts of service.…

…constitutional petition herein, I find that his allegations against violation of his rights herein are not primarily constitutional, but relate to issues to do with proper or lawful procedure to be followed in termination of…

…a contract of service or employment, which is governed by employment and labour relations laws, which laws in my view fully covers his rights and obligations, as well as his reliefs for wrongful acts done, in that employment…

…As I have indicated before there was no contract of service between these people. What the plaintiff is merely saying is that I was dismissed when I was 36 years.…

…(iv) The learned magistrate erred in law and fact by failing to find that the appellant incurred losses arising from the respondent’s breach of clause 10 of the security services contract.…

…It was its submissions that the respondent was in breach of the service contract by allowing theft to occur under its watch. That the respondent breached the contract through unilateral treatment. 7.…

…She contends that her employment was unlawful and in breach of her contract of service with the Defendant. She further contends that the Defendant defamed her in various notes and memoranda addressed to her.…

…Such termination could take place at any stage of the contract of Service and the contract does not provide for payment of any other money. I have been given no evidence.…