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The COVID-19 pandemic qualifying as frustration or force majeure in contracts.

The COVID-19 pandemic qualifying as frustration or force majeure in contracts.

by Judy Guandaru, Virginiah Nduta, Wamuyu Mathenge and Shalma Maina | Apr 20, 2020 | Legal update

Introduction The crippling impact of the COVID-19 pandemic continues to be felt worldwide. Within a matter of weeks, the novel virus has unfortunately brought all nations including the world’s superpowers to their knees. Undoubtedly, contractual obligations and rights...
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.”...
Legal strategies that employers can implement during the COVID-19 pandemic as a way to cushion themselves & ensure sustainability

Legal strategies that employers can implement during the COVID-19 pandemic as a way to cushion themselves & ensure sustainability

by Andrew Kabugu, Virginiah Nduta and Wamuyu Mathenge | Mar 23, 2020 | Legal update

Kenya, and the world at large, is currently dealing with the pandemic of COVID-19. The pandemic has disrupted the normal course of business leading to a negative impact on the economy.  This will in turn adjust our longstanding interpretations of employment law that...
The utility of capital reduction as a means of mitigating financial distress

The utility of capital reduction as a means of mitigating financial distress

by Wamae Allen | Mar 10, 2020 | Legal update

THE UTILITY OF CAPITAL REDUCTION AS A MEANS OF MITIGATING FINANCIAL DISTRESS Capital reduction is the process by which a company’s shareholder equity is reduced through mechanisms such as share cancellations and share buybacks and may be applied towards...
Constitutionality of polygraph test agreements in employment contracts

Constitutionality of polygraph test agreements in employment contracts

by Andrew Kabugu and Wamuyu Mathenge | Mar 3, 2020 | Legal update

Contracts of employment are tools used to manage the risks of the employer-employee relationship. The employer complies with the provisions of the law while the employee seeks to enjoy the protection of the law by knowing beforehand how to mitigate possible risks....
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