Publications

The Place of Discharge Vouchers in Termination

Discharge vouchers or settlement agreements are used by employers to ensure that employees relinquish any claims they may have against the employer. The courts have held that once an employee signs a discharge voucher then he cannot claim against the employer.

Your Legal Rights When Facing Redundancy

Do you know your legal rights when facing redundancy? These are the legal rights of an employee whose employment is terminated on account of redundancy.

Basic Rights of an Employee that is Summoned to a Disciplinary Hearing

An employee that is not accorded his basic rights may succeed in legal action against an employer who proceeds to terminate his employment following a  disciplinary hearing process.

Legal Remedies Available to Landlords for Non-payment of Rent

The law provides these remedies to a landlord whose tenant is in breach of the terms of the lease relating to payment of rent.

Commission of an Offence Outside Employment

Here are 5 matters an employer considers prior to terminating employment for commission of an offence by an employee outside work.

Types of Employment Contracts

An employment contract is an agreement whether oral or written, expressed or implied, to employ or to serve as an employee for a period of time. These are the types of employment contracts in Kenya.

Hidden Charges in Land Transactions

Often, parties to a land transaction focus on the purchase price and forget about other additional charges that may arise in the course of the transaction. These charges may seem negligible, but could sum up to a substantial amount.

Tips for Effective Recovery of Business Debts

First, make follow-up on sums owed by written correspondence so as to have ready record trail minimizing phone-calls which may not provide an easy record trail.

What is Life Interest by a Spouse?

Life interest refers to the legal interest of a surviving spouse in the net estate of the deceased spouse in the course of the surviving spouse’s lifetime. This is what the law provides on life interest.

Withdrawal of Notice of Resignation

Employment contracts have to come to an end, by either party terminating the contract. Resignation is usually done by issuing a notice to the employer in accordance with the contract of employment. This is what you need to know about withdrawal of a notice of resignation.

Starting the Process of Administration of the Estate of a Deceased Person in Kenya

It is prudent to administer the Estate of a deceased person within a reasonable time to avoid disputes that invariably arise when the process is delayed. The process starts as follows:

6 Essential Clauses in a Business Agreement

Business entities need agreements to ensure that providers of goods and services are legally bound. Having a written agreement ensures that there is a reference point. Every agreement should be tailored to suit the individual needs for each business.

6 Tips to Employers Considering Summoning an Employee to a Disciplinary Hearing

The contents of the letter by which an employer summons an employee to a disciplinary hearing in instances of gross misconduct is an important first step in a disciplinary process. These 6 tips will help you draft the letter in a way that mitigates some of the risk arising from legal action.

Extension of Parental Responsibility Beyond 18 Years

Legal parental responsibility ends once a person attains the age of 18 years. However, the law makes exceptions under which it may be extended.

Steps to Take When an Employee Commits a Criminal Offence

The Employment Act allows an employer to summarily dismiss an employee if the employee is arrested for a cognizable offence punishable by imprisonment and is not released within 14 days. Where the offence is against the employer, the employer should take the following steps.

Procedure for Extension and Renewal of Leases in Kenya

The extension and renewal of leases is governed by the Land (Extension and Renewal of Leases) Rules, 20l7 which provide for the manner and timelines in which a landowner is to be notified of impending expiration. A lessee can apply for extension at any time before expiry of a lease.

Compulsory Acquisition of Land in Kenya

Did you know that when your land is compulsorily acquired by the government you may be entitled to damages in addition to compensation for the market value of the land?

Legal Aspects to Consider when Starting a Business

When starting a business, it is important to consider the legal aspects. This not only ensures that your business is legally compliant but also limits interruptions due to non-compliance. You may involve a lawyer who will advise you on the following aspects.

Provision by Step Parents

Often parties enter into marriage with children from previous unions. While the relationship is working, the question of parental responsibility for such children hardly arises. However, issues of parental responsibility often arise when the relationship falls apart.

Principles of a Reinstatement Order

A reinstatement order ensures that the employee is restored to the same position he held, or a substantially similar position, prior to termination of employment with full pay and other benefits. These are the principles applicable to a reinstatement order.

Withdrawal of an Employment Offer

Once a potential employee has been offered a job, an employer may choose to withdraw the offer for various reasons such as finding out that the prospective employee provided false information or lack of funds on the part of the employer. These are the key issues to keep in mind.

What is an Unfair Labour Practice?

Every person has the right to fair labour practices. Where the court finds that during termination, the employer’s conduct amounted to an unfair labour practice, it follows that the termination was unfair and the employee is entitled to compensation.

5 Factors to Consider before Suing for Breach of Contract

Instituting a civil suit as a result of breach of contract could seem like the best option when the party in breach of the contract is not willing to rectify the breach or perform their part of the contract. However, there are factors you need to consider before filing the suit.

Reasons for Challenging a Will

When making a will, it is important to involve an attorney to guide you through the formalities. A will that does not conform to the law could be successfully challenged and revoked or have the invalid sections revoked.

5 Tips to Ease your Search for a Business Name

A business name is a valuable asset that helps customers identify you and your goods or services. Once you have settled on a name, it is advisable to conduct a search on its availability on the e-Citizen platform after which you can reserve the name.

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.

Overtime

Extra time arises when an employee works for more time than is provided in the employment contract or in the Employment Act. As an employer or employee, it is important to keep in mind the following to ascertain payment for extra hours or in the case of a claim for extra hours.

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.

Tips for Avoiding Litigation for Startups

Litigation can be a long and expensive process. For a startup, it could stall the growth of your business and sometimes even lead to collapse of the business. Here are some tips to help you minimize litigation.

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.

Why Should You Register Your Trademark?

A trademark is a form of intellectual property, where registration is proof of ownership. Unlike real property where it is easy to monitor and protect the owner’s interest, interest over intellectual property may be difficult to monitor. Registration is the surest was to avoid theft and interference.

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?

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.

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.

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.

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.

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.

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.

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.

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.

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).

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.

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.

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.

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.

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.

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.

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.

Forms of Intellectual Property

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

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.

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.

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.

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.

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.

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.