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Vicarious Liability and the Scope of Employment: Lessons from the Case of BM Security Limited v. Kibira & Another

In the aftermath of the incident, the 1st respondent filed a suit against the 2nd respondent for negligence, alleging that the 2nd respondent was acting within the course and scope of his employment with BM Security Limited. However, the appellant, BM Security Limited, denied liability, contending that the 2nd respondent was not acting within the scope of his employment when he carried the 1st respondent as an unauthorized passenger, in direct contravention of the company's express prohibitions and the 2nd respondent's contractual obligations.

Safeguarding the finality of arbitration

The grounds for setting aside arbitral awards are provided under Section 35 (2) and (3) of the Arbitration Act, including “where the award deals with a dispute not contemplated or is outside the terms of reference to arbitration or matters beyond the scope of reference”. The Court of Appeal addressed itself to whether the judge set aside the award outside of this ground.

LEGAL ALERT: The Employment and Labour Relations Court does not have jurisdiction to hear and determine constitutional issues if the dispute did not arise from an employer-employee dispute – Court of Appeal

The Court of Appeal in Kenya recently overturned a judgement by the Employment and Labour Relations Court (“ELRC”) that declared the National Social Security Fund (“NSSF”) Act unconstitutional. The Court of Appeal found that the ELRC lacked jurisdiction to consider the constitutionality of the Act as the dispute was not between an employer and employee, the sole statutory purview of ELRC’s jurisdiction. The...

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