@LegalEase_KE🇰🇪
@LegalEasy_KE
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Joined September 2023
Distinction between unfair termination and wrongful dismissal
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Remedies in contract of service are limited to notice pay and accrued benefits, not income for work never done in form of anticipatory / speculative salaries and benefits that would have been accrued up until retirement.
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Francis Ngokonyo vs Telkom Ltd E009/2025 Anticipatory salary for earnings up to retirement after early termination is generally not allowed in law. Even "permanent" employment is terminable & damages are not speculative future wages.
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An intended Applicant's Application is defective if it pursues substantive relief without any prayer for joinder. Failure to seek joinder, the intended party cannot be heard to complain of non-joinder and without proper joinder, no substantive orders can lawfully be entertained.
Cytonn Ivestment Partners Sixteen LLP v Official Receiver The predominant-issue doctrine lets courts identify the core question in mixed disputes. The court with jurisdiction over that main issue can also handle connected matters, preventing fragmented litigation
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Thus, the High Court properly assumed jurisdiction ,even over eviction orders, because they flowed from the insolvency process. The Court of Appeal dismissed the appeal and the trial court’s approach upheld.
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In the Cytonn/CHYS appeal, the Court of Appeal held that the dominant issue was insolvency, arising from liquidation and vesting orders issued under the Insolvency Act. Land possession was only incidental.
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Cytonn Ivestment Partners Sixteen LLP v Official Receiver The predominant-issue doctrine lets courts identify the core question in mixed disputes. The court with jurisdiction over that main issue can also handle connected matters, preventing fragmented litigation
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Masha v R Crim Appeal 2025 KECA 1826 Appeal on sentence succeeded because the High Court enhanced the sentence without warning the appellant or giving him a chance to address the proposed increase. CoA found this violated fair-trial guarantees and reinstated original sentence
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Post-offence conduct, i.e appellant’s disappearance, as circumstantial evidence value depends on its logical connection to the offence. Where flight reasonably points to guilt and no credible innocent explanation is offered, it can strengthen the inference of accused's guilt
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Conversely, interim injunction may be issued on future publications where the Respondent has not plead any defence of truth, justification or fair comment, or tendered evidence of ability to pay in the event of further content which is later found defamatory.
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