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Dubi a truck driver at Pakal LTD, was recently assigned to transport Cargo from Nairobi to Kitale. Just as Dubi arrived at the Nyahururu junction,

Dubi a truck driver at Pakal LTD, was recently assigned to transport Cargo from Nairobi to Kitale. Just as Dubi arrived at the Nyahururu junction, he received a call informing him that his wife had been admitted, in unconscious state, at a hospital in Nyahururu town. He decided to drive to the hospital to check on her. On the way to hospital, Dubi lost control of the truck and the truck overturned. The cargo was substantially destroyed. Additionally, Dubi injured his spine and was taken to hospital. Pakal LTD has refused to compensate Dubi for his injuries. Dubi is aggrieved and intends to institute legal proceedings against his employer.

  1. Explain the legal principle in this case. (5Marks)
  2. Advise Dubi basing your advice on labor law.

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