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What Employers ought to do in dismissing their employees due to Poor Performance

What Employers ought to do in dismissing their employees due to Poor Performance

by Caxstone Kigata and Maurine Sumba | Sep 15, 2020 | Legal update

Introduction Employees are contractually obliged to perform their assigned tasks to satisfactory levels. Though the Employment Act may be scanty as regards what constitute a poor performance, the key consideration would be that the employee should have failed to meet...
Judicial recusal and when the court must sit.

Judicial recusal and when the court must sit.

by Caxstone Kigata and Joseph Muhuni | Sep 9, 2020 | Legal update

Justice should not only be done but seen to be done. Whenever parties appear before a judge, they expect them to be fair and serve justice to them. However, the law is not blind to the possibility of bias and therefore provides for the mechanism through which...
A review of the supreme court’s decision in stanley mombo amuti vs. Kenya anti-corruption commission 

A review of the supreme court’s decision in stanley mombo amuti vs. Kenya anti-corruption commission 

by Caxstone Kigata and Wamuyu Mathenge | May 12, 2020 | Legal update

THE CONCEPT OF UNEXPLAINED ASSETS –  A REVIEW OF THE SUPREME COURT’S DECISION IN STANLEY MOMBO AMUTI VS. KENYA ANTI-CORRUPTION COMMISSION  Introduction Under Section 2 of the Anti-Corruption and Economic Crimes Act (ACECA), unexplained assets are the assets of a...
Limitation of the Right to Privacy of Health Data in The Face of a Pandemic.

Limitation of the Right to Privacy of Health Data in The Face of a Pandemic.

by Caxstone Kigata and Joseph Muhuni | Apr 6, 2020 | Legal update

“The question of the right to privacy must be one of the defining issues of our time” (Salil Shetty) As nations race against time to find a cure or at least contain the spread of Covid -19 questions are now arising to what extent should the right to privacy more so on...
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.”...
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