Publications

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.

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.

Constructive Dismissal

Constructive dismissal is the cessation of employment brought about by an employer making the employee’s working conditions so intolerable that the employee feels compelled to leave. Consequently, the employee is rendered unemployed by virtue of the misconduct of the employer.

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).

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.

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.

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.

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.

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.

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.

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.

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.

Procedure and Timelines Relating to Employment LItigation in Kenya

Going to court over an employment matter? In Kenya, employment disputes are heard and determined by the Employment and Labour Relations Court. These are the processes and timelines involved.

Process and Timelines for Civil Litigation in Kenya

Before filing a civil suit, the prospective plaintiff (person/entity suing) is required to write a demand letter to the prospective defendant (person/entity being sued) warning him of the impending litigation.

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.

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.

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.

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.

Voter Bribery: The Treatment of this Pervasive Electoral Offence in Kenya

The legislature has enacted laws that elaborate on offences which if committed by persons vying for elective office adversely affect the consideration of elections as free and fair. Of particular interest to this article is the offences of voter bribery which is a common election offence in Kenya.

Reducing adverse legal exposure when terminating employment contracts in Kenya

There are numerous legally recognized reasons that an employer may have for terminating an employee’s contract of employment. The law provides for procedures to be adhered to in each circumstance.

How government entities and counties in Kenya can use Public Private Partnerships to raise finances

Lately Public Private Partnerships appear to be the way to go for counties and other government entities seeking to finance capital intensive infrastructure and development projects. Certain legislative considerations should be borne in mind by government entities seeking to embrace PPPs.

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.