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Go ye and hear Work Injury Claims, the Supreme Court of Kenya tells the Director of Occupational Safety and Health Services

Go ye and hear Work Injury Claims, the Supreme Court of Kenya tells the Director of Occupational Safety and Health Services

by Caxstone Kigata and Wamuyu Mathenge | Dec 10, 2019 | Legal update

Introduction The long wait for the Director of Occupational Safety and Health Services (hereinafter referred to as “the Director”) established under the Work Injuries Benefits Act, 2007 (hereinafter referred to as “WIBA”) to hear work injury related claims is now...
Are Banks obliged to disclose customer information for tax purposes to the Kenya Revenue Authority?

Are Banks obliged to disclose customer information for tax purposes to the Kenya Revenue Authority?

by Caxstone Kigata and Andrew Kabugu | Oct 28, 2019 | Legal update

On 16th May 2018, Justice G.V. Odunga in Petition No. 412 of 2016- Dr. Robert K. Ayisi versus The Kenya Revenue Authority and Another delivered a landmark Judgement on the extent to which a Bank may disclose customer information for tax purpose to the Kenya Revenue...
Redefining the Role of a Guarantor in Kenya, an overview of the Law of Contract (Amendment) Bill, 2019

Redefining the Role of a Guarantor in Kenya, an overview of the Law of Contract (Amendment) Bill, 2019

by Caxstone Kigata and Charles Wamae | Oct 7, 2019 | Legal update

On 18th September 2018, The Law of Contract (Amendment) Bill 2019 was approved by Members of Parliament at a 3rd reading and now, the Bill now awaits the Presidential assent. The purpose of the Bill is to insulate Guarantor and/or Sureties by ensuring that Creditors...
3-year rule on petitioning for divorce proceedings declared unconstitutional

3-year rule on petitioning for divorce proceedings declared unconstitutional

by Caxstone Kigata | Sep 29, 2019 | Legal update

The High Court at Malindi on 23rd September 2019 declared Section 66(1) of the Marriage Act 2014 which provides that a party to a civil marriage may not petition for the separation of the parties or for the dissolution of the marriage unless 3 years have elapsed since...
Court of Appeal reaffirms devolved access to justice allowing magistrates to hear land and employment cases

Court of Appeal reaffirms devolved access to justice allowing magistrates to hear land and employment cases

by Caxstone Kigata and Allen Waiyaki Gichuhi C.Arb SC | Dec 12, 2018 | Publications

Jeremy Bentham, an 18th century English lawyer said, “The said truth is that it is the greatest happiness of the greatest number that is the measure of right and wrong.” The greatest unhappiness was occasioned to citizens and advocates when the high court sitting in...
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