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The State having acted in accordance with the law cannot be said to have acted arbitrarily. Counsel for the applicants dismissed annextures to the affidavit as irrelevant. It was his argument that the police should have arrested the motor-vehicle. Where a vehicle is found to have bypassed or absconded from a weighbridge station, whether overloaded or not, the registered owner shall be liable to pay a bypassing or absconding fee of two thousand United States dollars or its equivalent in Kenya Shillings, and subject to the provisions of these Regulations if the vehicle is found to be overloaded, the overloading fee and charging procedures provided in these regulations shall be instituted in addition to the absconding fee.
Failure to adhere to the instructions of the Authority or the police shall constitute an offence, punishable by detention of the vehicle and cargo at the expense and risk of the registered owner. If the fee provided in this regulation is not paid within ninety days from the date of imposition, the Authority shall issue a notice of sale by auction of the vehicle and the cargo.
It has been demonstrated by affidavit evidence that motor-vehicle Registration Number KBS Z, a truck was tagged in the system on the 19 th June, at 3. No evidence was adduced to controvert evidence of the vehicle having failed to divert to the weighbridge as required. The allegation that the photograph was not true was a statement made from the bar which the court cannot rely upon.
It is disregarded. Having by passed the weighbridge the registered owner of the motor-vehicle must pay the requisite fee in the sum of USD — or its equivalent in Kenya Shillings. The motor-vehicle was detained. It has been stated that it was carrying cargo owned by Unilever Kenya. The vehicle and cargo have been detained at the risk of the registered owner of the motor-vehicle. According to sub-regulation 5 of Regulation 15 of the Regulations, if the fee is not paid within 90 days , then a notice of sale by auction of the vehicle and cargo shall issue.
The regulations do not provide for a situation where the offender is charged in a court of law and a fine imposed. What is provided for is payment of a fee. In the circumstances the action that was taken by the respondent was justified. Except for some material which is expressly stated to be under a specified Creative Commons license, the contents of this website are in the public domain and free from any copyright restrictions.
Blog Forum. Case Search. Help Advanced search Help. Advanced Search mode is suitable for finding a particular case when you have details that describe the case at hand e. To find a case according to its meta data names of parties, case number, and date of delivery, case year etc one need not fill in all the fields. You may use any one or more search criteria; search using whatever information you have.. Civil Miscellaneous Application of Please Wait.
The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information. Under Section 43 of the Act, if the employer fails to prove the reason for terminating the services of his employee, the termination is deemed to be unfair within the meaning of Section 45 of the Act. In this case the claimant contended that fair procedure was not followed before his dismissal.
The respondent has not rebutted the foregoing evidence by the claimant but only contends that the claimant was summarily dismissed for gross misconduct. There is no doubt that the procedure laid down by Section 41 of the Act was not followed before the summary dismissal of the claimant. Having found herein above that the respondent has failed to prove and justify the reason for dismissing the claimant, and that she has failed to prove that she followed a fair procedure before the dismissal, it is my holding that the summary dismissal of the claimant was unfair within the meaning of Section 45 of the Employment Act.
Under Section 49 1 of the Act, I award the claimant ksh. In awarding the said compensation, I have considered the fact that the claimant has served the respondent for a fairly short period. He worked from June to October which totals to 16 months X 1. The claimant utilized 6 leave days, according to the leave record produced by the defence.
The claim for gratuity is dismissed for lack of particulars and evidence. No evidence was adduced by the claimant to prove that he was entitled to gratuity under the contract of employment at a specified rate per year. Finally the claim for overtime worked is dismissed also for lack of particulars and evidence.
The amount sought and the formula used have not been pleaded. For the reason that the summary dismissal of the claimant was unfair, I enter judgment for him in the sum of ksh , The said sum will be subjected to statutory deductions. The claimant will also be issued with certificate of service as per Section 51 of the Employment Act. Except for some material which is expressly stated to be under a specified Creative Commons license, the contents of this website are in the public domain and free from any copyright restrictions.
Blog Forum. Case Search. Help Advanced search Help. Advanced Search mode is suitable for finding a particular case when you have details that describe the case at hand e. To find a case according to its meta data names of parties, case number, and date of delivery, case year etc one need not fill in all the fields.
You may use any one or more search criteria; search using whatever information you have.. Cause of Please Wait. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information.
The issues for determination are: a. Whether the summary dismissal was unfair. Unfair dismissal 9. Reasons for the dismissal Procedure followed
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