by Caxstone Kigata | Dec 2, 2020 | Legal alerts
The East African Court of Justice (First Instance Division), herein after knowns as ‘EACJ”, on the 30th of November 2020 ruled in a highly contested suit that indeed it has the jurisdiction to interrogate the decision of the Kenyan Courts including the Supreme Court...
by Caxstone Kigata | Nov 30, 2020 | Legal update
The former Chief Justice, Dr. Willy Mutunga firmly stated in the year 2012, that colonial mindsets have persisted, in the executive, the legislature and, unfortunately, even in the judiciary, even after independence. In a bid to promote progressive jurisprudence in...
by Caxstone Kigata | Sep 28, 2020 | Legal update
(An Analysis of the Classical Case of Paul Muhoro Kihara vs Barclays Bank (K) Ltd, Milimani HCCC No.33 of 2002 (2001) 2EA 420) Brief Background Paul Muhoro Kihara (hereinafter referred to as “Paul”) was an employee of Barclays Bank of Kenya (hereinafter referred to as...
by Caxstone Kigata | Sep 21, 2020 | Legal update
Enforcement of foreign judgments in Kenya is the subject of The Foreign Judgments (Reciprocal Enforcement) Act (Cap 43 of the Laws of Kenya). The objective of the Act is to make provision for enforcement of judgments given in countries outside Kenya which accord...
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...
