Publications

Legal Questions on Fresh Vetting of Public Officers

The Kenyan President recently gave the directive for fresh vetting of public officers. Although the exercise is geared towards determining suitability to continue holding public office in public trust, and promote confidence in the public service, several legal questions arise from this directive.

Common Mistakes in Estate Administration

Administration of estates is usually done under court supervision by appointing a person duly qualified and legally appointed. The appointed administrator safeguards the interests of the beneficiaries of the estate. These are the common mistakes an administrator should avoid.

The Divorce Process in Kenya

Divorce is the dissolution of a marriage that has subsisted for three or more years. The common grounds for dissolution of all forms of marriage are cruelty, adultery, desertion, exceptional depravity and the irretrievable breakdown of the marriage, among others.

Use of Polygraph Tests in Fighting Corruption

If we wish to increase the credibility of polygraph tests, the tests should be taken voluntarily and even then, the subject should be allowed to be guided by his lawyer and measures put in place to ensure that the subject is not coerced into giving consent.

Companies Limited by Guarantee

Are you engaged in a not for profit venture in Kenya and are uncertain over the type of entity to use? Why not register a company limited by guarantee which has the following features.

Parental Leave

Parental leave is a form of leave given to a parent to enable them cater for their child after birth. The Employment Act in Kenya only provides for parental leave for birth parents.

Is your toy licensed to fly in Kenya?

It appears that some toy drones, no matter their size or use squarely fall within the ambit of the Kenya Civil Aviation Authority (KCAA). So, parents watch out! Before you allow your child to fly that quad-copter you bought on Amazon, check the specifications.

Remedies for Minority Shareholders

It is not always the case that majority shareholders have the final say in company decisions. A minority shareholder can challenge the actions of majority shareholders that are not made in the best interest of the company.

Drone Regulation: Can County Governments be Involved?

Kenya has incorporated drones into its civil aviation regulatory framework. The Regulations prohibit any person from operating a drone in Kenya without KCAA authority. But why is KCAA, a National Government regulator, the sole regulator of these low-flying devices?

Five Common Mistakes Employers Make During Termination

When terminating an employee’s services, it is important to consider the legal implications. These are five common mistakes that employers should avoid during termination in order to minimize the risk of litigation.

Restrictive Employment Contracts

Did you know that your employment contract may still apply after you leave employment? Such contracts are known as restrictive contracts and are meant to protect an employer’s legitimate business interests including trade secrets, goodwill and business connections.

Contempt of Court in Kenya

Contempt of court is the act of demeaning the court, preventing justice administration, or disobeying a sentence of the court. In Kenya, contempt of court proceedings have to be instituted within six months of the occurrence of the alleged contempt.

Legal Guardianship in Kenya and how to Acquire it

Legal guardianship is acquired after the death or presumption of death of either one or both parents of the child. It can be acquired either by a deed or will made by a parent before his/her death or by a court order.

Five ways a parent may lose legal custody over their child

The best interest of the child is the paramount consideration when deciding the legal custody of the child. However, a parent who is ordinarily entitled to custody over a child could lose it under these circumstances.

What you need to know about Employment of Persons with Disabilities

Persons with Disabilities Act makes provision for employment of persons with disabilities and prohibits anyone from denying a person with a disability access to opportunities for suitable employment. This is what you need to know about employment of persons with disabilities.

Duties of a Personal Representative in Estate Administration

A personal representative is the person charged with dealing with the property of a deceased person. He can be appointed either by the deceased in his will or by the court upon application for a grant of administration where the deceased died without a will.

How a lawyer can help you when buying or selling property

It is essential to involve a lawyer of good standing when buying or selling property. This is to ensure that the sale agreement and transfer documents are well drafted to protect your interests. There are other roles that the lawyer will play in the transaction.

How to Enforce your Trademark in Kenya

The two ways of enforcing a trade mark is by an action in passing off (taken against a person who violates trademark rights in relation to an unregistered trademark) or an action against infringement (taken against a person who violates trademark rights in relation to a registered trademark).

Offences Under the Employment Act

Section 4 of the Employment Act prohibits the use of forced labour and makes it an offence for anyone to use or assist another person in recruiting, trafficking or using forced labour. Other offences are as stated here.

Maintenance of a child in Kenya

An order for maintenance is made when the court, orders a person to make payment for the child’s upkeep.  Here are some of the factors that the court considers in making maintenance orders.

Recognition of Overseas Adoptions in Kenya

Under Section 176 of the Children Act, foreign adoptions can be recognized in Kenya and the orders have the same effect as adoption orders validly made in Kenya. These are the conditions necessary for a valid overseas adoption.

The Distinction between an Employee and an Independent Contractor

With increasingly stringent Labour laws you need to consider instances when using an independent contractor trumps getting an employee.

Registration of Security Rights in Movable Property

Did you know that you can now create a security over movable property from the comfort of your computer using your e-citizen account? The Movable Property Security Rights Act enacted in May 2017 which is aimed at improving access to finance now enables this.

What Should be Contained in a Company’s Annual Returns?

After incorporation, every company is required to submit to the Registrar annual returns. Failure to file returns or filing returns that do not conform to the requirements under the law is an offence attracting a fine of up to Kshs. 200,000 on conviction.

Requirements and Process of Adoption in Kenya

Under The Children Act No. 8 of 2001, any child who is resident within Kenya is eligible for adoption, whether or not the child is a Kenyan citizen, and whether it was born in Kenya or not. The child has to be at least six weeks old and has to be declared free for adoption by a registered adoption society.

Remedies for Copyright Infringement

Copyright infringement includes doing an act protected by the copyright, making or importing a copy of the copyrighted work and circumventing measures meant to protect the copyrighted work, without a license from the copyright owner. These are the remedies available to a copyright owner.

How to File your Company Annual Returns on your Computer using your e-Citizen Account

You can now file your company annual returns online using your e-Citizen account.

Forms of Intellectual Property

Set yourself apart from the competition, register a trademark, patent or copyright in Kenya.

Spousal Right to Matrimonial Property

Spousal consent is a requirement in any disposal or alteration of interest in matrimonial property. Despite property being registered in the name of one spouse, the other spouse has a beneficial interest in it if acquired during the subsistence of a marriage.

What Amounts to Discrimination in Employment?

Discrimination of any form is prohibited under the Constitution, ILO conventions and the Employment Act which requires an employer to promote equal opportunity in employment and strive to eliminate discrimination in any employment policy or practice.

The Processes Involved in Registration of Customary Marriages in Kenya

Registration of customary marriages in Kenya is governed by the Marriage (Customary Marriage) Rules, 2017, under the Marriage Act which require that all customary marriages be registered from the 1st of August 2017. The registration process begins with both parties appearing before the Registrar.

Redundancy Procedure in Kenya

One of the statutory prerequisites for a redundancy procedure in Kenya is that the employer has to give written notification to the targeted employees at least one month before the commencement of the intended redundancy. There are other prerequisites for this process.

Remedies Issued by the Environment and Land Court in Kenya

The Environment and Land Court (ELC) was established by the 2010 constitution, to determine all disputes relating to land and environment in Kenya. In determining these disputes, the court can issue several remedies including injunctions, award of damages and compensation.

Defamation Law in Kenya and Posts Made on Social Media and Online Applications

Most social media users have shown a tendency of being reckless in their posts, maybe due to the illusion of anonymity which the Internet creates. Whereas freedom of expression is a hallmark of democracy, a person should not infringe on another’s right to a good name.

Writing a Will in Kenya

A will provides certainty to the surviving members of the deceased’s family, by distributing the property of the deceased according to his/her wishes. These are the legal requirements for a valid written will.

Custody and Parental Responsibility in Kenya

When determining whether or not to issue a custody order, the court considers the following factors, in addition to the best interest of the child.

Rights of an Employee during Disciplinary Procedures

The Employment Act sets out the minimum standards that an employer should adhere to prior to terminating an employee’s services on grounds of poor performance, misconduct or physical incapacity. Here are some of the rights of an employee during disciplinary procedures.

Tips for a first time buyer of land in Kenya

Land being a precious commodity, has attracted people with genuine dealings as well as some crooked elements out to con rookie land buyers of their hard earned cash. The following tips should be helpful to a first time land buyer in Kenya.

Changing the use of land in Kenya

If you intend to buy agricultural land and convert it to commercial use or vice versa, you will be forced to seek approval from the County Government, which has the authority to ensure that land owned by county residents is used for the purposes it has been intended for by the Director of Physical Planning.

Matrimonial Property Act in Kenya – What Property is Each Spouse Entitled to in a Marriage?

Although the Constitution of Kenya states that the parties to a marriage have equal rights during the marriage and at the dissolution of the marriage, this does not mean that they have an equal share in the property that they own during the subsistence of the marriage and after divorce.