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Away with colonial mindsets: A three judge bench of the High Court rules that murder trials ought to be initiated in the Magistrates Courts and not the High Court.

Away with colonial mindsets: A three judge bench of the High Court rules that murder trials ought to be initiated in the Magistrates Courts and not the High 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...
Implications of the companies (beneficial ownership information) regulations, 2020

Implications of the companies (beneficial ownership information) regulations, 2020

by Charles Wamae and Shalma Maina | Nov 5, 2020 | Legal update

A. INTRODUCTION Pursuant to Section 93A of the Companies Act and the Companies (Beneficial Ownership Information) Regulations, 2020 (hereinafter referred to as “the Regulations”), every Company duly incorporated in Kenya is required to disclose information as regards...
A case for an independent registry for registration of securities over intellectual property

A case for an independent registry for registration of securities over intellectual property

by Virginiah Nduta and Joseph Muhuni | Oct 5, 2020 | Legal update

A recent spate of initial public offerings, high-profile mergers and acquisitions, and litigation has thrust intellectual property (IP) into an increasingly critical position in global economics. However, many organizations often fail to understand the value of and...
Land once offered as collateral becomes a commodity of sale

Land once offered as collateral becomes a commodity of sale

by Caxstone Kigata and Shalma Maina | 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...
Enforcing a foreign judgment in Kenya where there is no agreement for reciprocal recognition and enforcement

Enforcing a foreign judgment in Kenya where there is no agreement for reciprocal recognition and enforcement

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...
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...
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