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Showing posts from September, 2011

BAKARI HAMISI AND ANOTHER VERSUS THE REPUBLIC [1987] KLR

The Appellants in this matter were charged with burglary and theft but were charged with the offense of handling stolen property contrary to section 322 (2) of the Penal Code (Cap 63). The charge on that count stated that they had otherwise than in the course of stealing dishonestly received certain property knowingly or having reason to believe it to have been stolen or unlawfully obtained. In convicting the appellants the trial magistrate observed that the appellants had dishonestly undertaken or assisted in the retention of the stolen items despite the knowledge that they had been dishonestly obtained. The Appellants appealed to the high court which appeal was unsuccessful hence the appeal to the Court of Appeal. The Court of Appeal held that; ·          In a charge of handling stolen goods under the Penal Code, the prosecution after having proved that the goods are stolen, it is necessary to prove that the accused handled them either by receiving, by undertaking to assi

DO YOU KNOW YOUR EMPLOYMENT RIGHTS?

Under the Employment Act, there are five major avenues through which an individual’s employment can be determined. They are Termination of Contract by either party in accordance to the terms and conditions of the contract. Termination of Contract in accordance with Section 35 of the Employment Act Summary Dismissal Unfair Termination of employment and Unlawful Termination or Wrongful Dismissal I shall endeavor to impart some knowledge on any employer and more so the employee out there on what to expect from the other party in the event your contract comes to an end.  Termination of an Employment Contract The general provision of the law is that any contract of service for a period of more than three months should be in writing. The law further provides that it is the duty of the employer to ensure that the contract of employment is drafted and that the same is issued to the employee. However where the employer for whatever reasons fails to put the co