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…himself risks necessarily incidental to him employment.…

…It is an implied term of employment that an employer will make the conditions of employment to his employee absolutely safe and will not expose his employees to any danger to avoid any negligence, but will not be responsible…

…But the employee is under duty to mitigate hisloss by taking other employment which is suitable andavailable.…

…employment.…

…He denied having forged the photocopy certificate S/No NAC/5202 (Ex 1) which he used to secure employment at the Kenya Polytechnic.…

…It is not in dispute that the appellant committed the offence in order to secure employment.…

…However, on December 11 1977, the security guard Moses Aila, stole 16 cases or caused them to be stolen, in the course of his employment.…

…It is said that the act complained of was not within the scope of the employment of the guard and was wholly unauthorized.…

…Indeed, even under the Employment Act (cap 226) an employer may summarily dismiss a servant who is guilty of a criminal offence, (see sec 17(g)).…

…Having considered direct cases of disqualification one can demonstrate the difference between those cases and the termination of employment.…

…JUDGMENT This is an appeal from a judgment of Bhandari J following a hearing which took place at Mombasa to determine the claim of the appellant as plaintiff that the defendant summarily and wrongfully dismissed him from his employment…

…The defendant’s contention is that whilst in the employment of the defendant as a toll collector, the defendant falsified entries in the ticket machine used by him in the course of collecting fares at the ferry, causing the…

…According to PW1 he had provided his workers with other essential household goods like beds, mattresses, brooms, blenders etc. which they were to use while in employment. This was confirmed by the Appellant.…

…PW1further admits Appellant had his permission to use the items while in his employment.…

…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.…

…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.…

…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.…

…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.…

…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.…

…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.…

…On the 10th October, 1987, he was injured in the course of his employment with the Defendant.…

…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.…

…The appellant was subsequently arrested at Matutu at the deceased’s sister’s home where she had gone to look for employment.…

…She argued that if she had killed the deceased, she could not have gone to look for employment at the deceased’s sister’s home. 5.…

…It was the unanimous opinion of the 3 surgeons that the severe injuries which he sustained have almost utterly destroyed his opportunities in the employment market and have permanently consigned him as a dependant of another…

…Accordingly, we substitute for the conviction recorded against the appellant a conviction of stealing the lesser sum of Shs 4,500, the property of the Republic of Kenya, which came into his possession by virtue of his employment…

…Accordingly, we substitute for the conviction recorded against the appellant a conviction of stealing the lesser sum of Shs 4,500, the property of the Republic of Kenya, which came into his possession by virtue of his employment…