Case law
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Division and case type: GeneralUnclassified
…Moses Kiprotich Rutto & Others v Telkom Kenya Limited (Cause 139 (N) of 2009) [2014] KEIC 9 (KLR) (Employment and Labour) (22 December 2014) (Ruling) Moses Kiprotich Rutto & Others v Telkom Kenya Limited [2014] eKLR Neutral…
…citation: [2014] KEIC 9 (KLR) REPUBLIC OF KENYA IN THE INDUSTRIAL COURT AT NAIROBI EMPLOYMENT AND LABOUR CAUSE 139 (N) OF 2009 NZIOKI WA MAKAU, J DECEMBER 22, 2014 REPUBLIC OF KENYA IN THE INDUSTRIAL COURT AT NAIROBI EMPLOYMENT…
Division and case type: CivilCivil Case
…However, permanent employment does not mean that it is necessarily employment for life or until retirement, it merely means that the employment is to continue for an indefinite period with an element of permanency and a degree…
…His contract of employment with the defendant was terminated.…
Division and case type: Anti-CorruptionCivil Appeal
…Thus, a master is not liable for negligence committed outside the scope of his employment.…
…The County Court judge decided that at the time of the accident, the coachman was not acting within the scope of his employment.…
Division and case type: CivilCivil Appeal
…With regard to the claim for salary and house allowance for the period the appellant was unemployed we agree with the finding of the learned judge that the appellant had not deserted his employment.…
…The appellant later had no difficulty in getting a work-permit when he obtained new employment.…
Division and case type: CivilCivil Suit
…When he did not agree to this he received a letter Exh 2 dismissing him summarily in accordance with section 17(g) of Employment Act for misappropriating company money as well as absenting himself from work.…
…Since the plaintiff has since then not got any other employment and is not likely to get any, he ought to be paid for all the time he has been without a job and for the future period he is going to be without a job.…
Division and case type: CivilCivil Suit
…With regard to wrongful dismissal, every employee in every employment except one expressly excluded by statute has the right not to be unfairly dismissed by his employer.…
…normal measure of damages is the amount an employee would have earned under the contract for the period until the employer could lawfully have terminated it, less the amount he could reasonably be expected to earn in other employment…
Division and case type: Environment and LandCivil Suit
…That the Defendant acted maliciously in failing to recall the Plaintiff back to employment after it had failed to pay them their agreed early retirement package. 10.…
…That the proposal was rejected by the Government and the Plaintiffs were paid their terminal dues in accordance with the terms of the employment. 3.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Case
…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.…
…Again if the employee were to be minded to leave his employment, say for a better - paid job, and he gives notice of his intention to leave, the employees is not obliged to assign any reason for his intention to terminate…
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 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
…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: 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: 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.…
Division and case type: Milimani Commercial CourtsCivil Case
…Further, the Defendant states that it was an agreed condition that once a staff member leaves the employment of Defendant if they had several loans all the outstanding loans would be merged into one loan account for ease…
…At the time the Plaintiff’s employment was terminated she had 3 outstanding loans being the school fees loan, check off loan and the car loan which loans were consolidated into one account with effect from 18th November 2005…
Division and case type: CivilCivil Appeal
…We do not know if the learned Judge rejected this claim on the ground that the appellant, being a refugee in Kenya, was, by law, not allowed to engage in employment or on the ground that there was no sufficient evidence to…
…But the learned Judge did not specifically say she disbelieved his oral evidence with regard to his previous employment.…