What’s happening here Wadau?

Totally unrelated issues, unless you want to drag in Kenya Kwanza. Supposing you murder your neighbor and your employer sacks you for the bad publicity, you will appear in court for the murder but can still sue for unlawful dismissal.
 
upepo said:
Totally unrelated issues, unless you want to drag in Kenya Kwanza. Supposing you murder your neighbor and your employer sacks you for the bad publicity, you will appear in court for the murder but can still sue for unlawful dismissal.
Click to expand...
Thank you and much appreciated for your wonderful analogy.
It brought home safely the legal point it was meant to.
On a lighter note😃😃😃 our conversations here need not be adversarial and on political tribal animosity.
We are Kenyans and Friends first…

Well..well…back to the story at hand. The plot just thickens. Doesn’t it @upepo?
Do you suppose KDF will pay that fine by all means?
 
Mwalimu-G said:
This is now unhealthy. Why are you seeing shadows in the dark?

On the issue at hand - I guess KDF should have waited for the court to determine guilt and convict, then sack.
Click to expand...
There is a fundamental principle in Equity that states: Equity will not allow a wrongdoer to profit by a wrong.
For instance, if somebody murders their parent, the Law will not allow them to benefit by inheriting the Victim.

KDF will just dilly-dally paying the fine till the Court rules whether or not the Guy is guilty of murder.
If so, they will just refuse to pay. After all Criminal Law takes precedence over Civil and Employment Law.
 
Cortedivoire said:
You are innocent until you are proven guilty. He was sacked when innocent
Click to expand...
Albeit it is very much on a technicality.
He took a very cunning plan to sue at the Employment Tribunal before the Criminal Court adjudicated and concluded as to his guilt or otherwise to a Capital Offence.

Looked at on a different perspective, which employer would continue having in their books an employee who was very likely to serve a Death Sentence?
How would their attendance and performance be affected by continuous Court appearances for months on end?
If placed on Remand, how would such an employee justify his remuneration without productivity?
And not forgetting public policy issue: He is a potentially very dangerous man who can kill and should be kept away from the streets.
 
Last edited:
You must log in or register to reply here.
Back
Top