The Court of Appeal in Nakuru has ruled that employers are not automatically liable for an employee's wrongful acts if the act was outside the scope of employment and for personal gain.
Court of Appeal Judges Paul Gachoka, Mohamed Warsame, and John Mativo observed that the master is not responsible for any misconduct committed by a servant towards a third party.
The case stemmed from a magistrate's ruling, where a BM Security driver, Charles Amariba, was involved in an accident while ferrying a passenger, Joseph Macharia, in violation of company policy.
On January 9, 2012, Macharia was waiting to board a matatu to Nakuru when Amariba stopped and invited him to board the vehicle. "He accepted the invitation and was informed he would buy tea as payment," the judgment stated.
