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High Court holds that the failure of a Statutory Regulator to exercise its mandate is enforceable by those who have suffered loss or harm

High Court holds that the failure of a Statutory Regulator to exercise its mandate is enforceable by those who have suffered loss or harm

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...
Are Directors deemed as Employees of a Company?

Are Directors deemed as Employees of a Company?

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...
A Good Start to Shaping Start-Ups in Kenya; A review of the Startup Bill, 2021

A Good Start to Shaping Start-Ups in Kenya; A review of the Startup Bill, 2021

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...
Redefining the legal threshold for grant of Interlocutory injunctions in cases where Banks are exercising their Right of Redemption

Redefining the legal threshold for grant of Interlocutory injunctions in cases where Banks are exercising their Right of Redemption

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...
The High Court compels the Government of Kenya to provide Access to Information relating to the Standard Gauge Railway Contracts

The High Court compels the Government of Kenya to provide Access to Information relating to the Standard Gauge Railway Contracts

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.” –...
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