by Caxstone Kigata and Frankline Otieno | Oct 3, 2022 | Legal update
Justices Nduma Nderi, Hellen Wasilwa and Monica Mbaru in Kenya Tea Growers Association and 8 Others v The National Social Security Fund Board of Trustees and Others, Petition No. 38 Of 2014 (Consolidated with Petition 34,35, 49 And 50 Of 2014)“156. For members who are...
by Allen Waiyaki Gichuhi C.Arb SC, Caxstone Kigata and Frankline Otieno | Aug 24, 2022 | Legal update
“From the foregoing, the Court of Appeal was alive to the fact that the rule was concerned with public interest. In my view, the rule was introduced in our Laws to tame the appetite of Lenders who had made recovery of interest on advances a cash cow. Simply put, the...
by Caxstone Kigata and Frankline Otieno | Jul 20, 2022 | Legal update
What is the place of Preliminary Objections on lack of jurisdiction by the Court “The Lillian ‘S’ case establishes that jurisdiction flows from the law, and the recipient-Court is to apply the same, with any limitations embodied therein. Such a Court may not arrogate...
by Caxstone Kigata and Frankline Otieno | Jun 20, 2022 | Legal update
“In my view, where it is alleged that as a result of the failure by a state organ to carry out its statutory mandate, a person’s rights are threatened with violation or have been violated, the matter transcends the contractual arena and enters the constitutional...
by Caxstone Kigata | Jun 17, 2022 | Legal update
“A presumption that a director is an employee must not be made in absentia of the Contract of Service on the engagement terms of the director as an employee of the Company.” – Justice D.K. Musinga, A.K. Murgor & Dr. K.I. Laibuta in Rift Valley Water Services...
