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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.

Vicarious Liability of Employers: The Case of an Independent Contractor

"..the burden of proof in any case…lies with the party who desires any court to give judgment as to any legal right or liability; (it) is for that party to show the facts which he alleges his case depends upon exist... A 14 year legal dispute culminated in a January 2020 decision of the Court of Appeal at Nairobi. This was in Board of Governors St. Mary’s School v Boli Festus Andrew Sio [2020] eKLR where the firm of Nyiha, Mukoma & Company Advocates represented the Appellant.

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Nyihamukoma & Co AdvocatesContact us
Advocates, Commissioners for Oaths and Notaries Public.
OUR LOCATIONWhere to find us?
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P.O. Box 28491- 00200 Nairobi Kenya
GET IN TOUCHNyihamukoma Social links
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