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Land once offered as collateral becomes a commodity of sale

Land once offered as collateral becomes a commodity of sale

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...
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...
Judicial recusal and when the court must sit.

Judicial recusal and when the court must sit.

by Caxstone Kigata | 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 case for the appointment of data protection officers pursuant to the data protection act, 2019

A case for the appointment of data protection officers pursuant to the data protection act, 2019

by Wamae Allen | Jul 22, 2020 | Legal update

The Data Protection Act (hereinafter referred to as “the Act”) came into force in Kenya on the 25th November 2019 to inter alia regulate the processing of personal data and to provide a legal and institutional mechanism to protect personal data. Since its enactment,...
A Critique of the Business Law (Amendment) Act No. 1 of 2020 and its potential to promote the Ease of Doing Business in the Real Estate and Commercial Sectors.

A Critique of the Business Law (Amendment) Act No. 1 of 2020 and its potential to promote the Ease of Doing Business in the Real Estate and Commercial Sectors.

by Wamae Allen | Jun 29, 2020 | Legal update

The Business Laws (Amendment) Act came into force on 18th March 2020. The law has amended various statutes in order to facilitate the ease of doing business in Kenya. This article seeks to analyze the practicality of the amendments and how they are likely to impact...
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