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...
by Caxstone Kigata | May 30, 2022 | Legal update
“One problem we face in policy making is the danger of having technology develop faster than the legal and regulatory system can react, potentially risking safety as well as efficient development and testing” – Anonymous Introduction and Background According to...
by Prestone Wawire and Caxstone Kigata | May 23, 2022 | Legal update
Introduction On 25th January 2022, Mativo J, proceeded to deliver a ruling in what has been protracted litigation between a defaulting borrower, a guarantor and a financier seek to exercise their statutory power of sale. The borrower Juja Coffee Exporters Ltd, to whom...
by Caxstone Kigata and Frankline Otieno | May 19, 2022 | Legal update
“Public bodies have a constitutional duty to give people access to information so that they can exercise their rights. When they try to subvert a person’s constitutional right by being unresponsive and playing possum their conduct should be deprecated.” –...