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Employee rights and guarantees during the COVID-19 pandemic

Employee rights and guarantees during the COVID-19 pandemic

by Caxstone Kigata, Andrew Kabugu and Wamuyu Mathenge | Mar 31, 2020 | Legal update

Introduction “Employment relationships are not commercial contracts, and the Court must strive to achieve the delicate balance between the need for our national economic development, and the protection of the dignity and economic well-being of an individual employee.”...
Legal strategies that employers can implement during the COVID-19 pandemic as a way to cushion themselves & ensure sustainability

Legal strategies that employers can implement during the COVID-19 pandemic as a way to cushion themselves & ensure sustainability

by Andrew Kabugu, Virginiah Nduta and Wamuyu Mathenge | Mar 23, 2020 | Legal update

Kenya, and the world at large, is currently dealing with the pandemic of COVID-19. The pandemic has disrupted the normal course of business leading to a negative impact on the economy.  This will in turn adjust our longstanding interpretations of employment law that...
Constitutionality of polygraph test agreements in employment contracts

Constitutionality of polygraph test agreements in employment contracts

by Andrew Kabugu and Wamuyu Mathenge | Mar 3, 2020 | Legal update

Contracts of employment are tools used to manage the risks of the employer-employee relationship. The employer complies with the provisions of the law while the employee seeks to enjoy the protection of the law by knowing beforehand how to mitigate possible risks....
The Constitutionality of Section 45(3) of the Employment Act.  

The Constitutionality of Section 45(3) of the Employment Act.  

by Andrew Kabugu and Virginiah Nduta | Dec 3, 2019 | Legal update

In a High court ruling delivered in 2012 in the case of Samuel G. Momanyi v Attorney General & another [2012] eKLR, it was held that Section 45(3) of the Employment Act 2007 requiring an employee to have worked for a minimum period of 13 months in order to bring a...
Are Banks obliged to disclose customer information for tax purposes to the Kenya Revenue Authority?

Are Banks obliged to disclose customer information for tax purposes to the Kenya Revenue Authority?

by Caxstone Kigata and Andrew Kabugu | Oct 28, 2019 | Legal update

On 16th May 2018, Justice G.V. Odunga in Petition No. 412 of 2016- Dr. Robert K. Ayisi versus The Kenya Revenue Authority and Another delivered a landmark Judgement on the extent to which a Bank may disclose customer information for tax purpose to the Kenya Revenue...
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