Legal updates
Go ye and hear Work Injury Claims, the Supreme Court of Kenya tells the Director of Occupational Safety and Health Services
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...
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Caxstone Kigata | Dec 10, 2019 | 0 Comments | 9 min read
The Constitutionality of Section 45(3) of the Employment Act.
In a High court ruling delivered in 2012 in the case of Samuel G. Momanyi v Attorney General & another [2012] eKLR, it was held that Section 45(3) of the Employment Act 2007 requiring an employee to have worked for a minimum period of 13 months in order to...
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Andrew Kabugu and Virginiah Nduta | Dec 3, 2019 | 2 Comments | 2 min read
Banks can advertise auctions in their website concurrently with the auctioneer’s newspaper advertisement
The prudential guidelines by the CBK, Consumer Protection Act, Competition Act and the Banking Act do not limit the bank from advertising distrained or repossessed assets. Again, in Hire Purchase, the Owner is permitted by law to repossess their goods and resell...
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Ambrose Waigwa | Nov 26, 2019 | 0 Comments | 2 min read
Contractor’s Bills Do Not Supersede A Charge
Kenya’s construction industry has skyrocketed in the past 5 years and seems to have engaged a high gear in the past three years. Among the many bubbles likely to burst, over and above the speculation by pundits about the prices of houses, will be the issue of...
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Charles Wamae and Ambrose Waigwa | Nov 18, 2019 | 0 Comments | 3 min read
Hire purchase agreements as security for loans
Hire Purchase Generally A hire purchase agreement (HPA) is defined under the Hire Purchase Act as an agreement for the bailment of goods under which the bailee may buy the goods or under which the property in the goods will or may pass to the bailee. The Act came...
Read More Ambrose Waigwa, Virginiah Nduta and Charles Wamae | Nov 11, 2019 | 0 Comments | 12 min read
Security rights over Intellectual Property rights
The Black’s Law Dictionary[1] defines “Intellectual Property” as a category of intangible rights protecting commercially valuable products of the human intellect and they include trademarks, patents, copyrights, trade secrets, publicity rights, moral rights and...
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Judy Guandaru and Virginiah Nduta | Nov 4, 2019 | 0 Comments | 8 min read
Are Banks obliged to disclose customer information for tax purposes to the Kenya Revenue Authority?
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...
Read More Caxstone Kigata and Andrew Kabugu | Oct 28, 2019 | 0 Comments | 14 min read
Salient Features of the Finance Bill, 2019
On 13th June 2019, the Cabinet Secretary for Finance while delivering the proposed budget spending for the year 2019-2020 tabled the Finance Bill 2019. The bill seeks to amend the law relating to various taxes and duties and for matters incidental thereto. The Bill...
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Allen Gichuhi and Andrew Kabugu | Oct 21, 2019 | 0 Comments | 8 min read
Dealing with property held by persons suffering from Mental Illness; A review of the Mental Health Act of Kenya
Many of our relatives or friends have fallen ill and, in many circumstances, they are unable to manage their estates. Some of these illnesses have caused mental disorder which in turn translates to a lack of legal capacity to contract on their own accord. Questions...
Read More Ambrose Waigwa and Virginiah Nduta | Oct 14, 2019 | 0 Comments | 6 min read
Redefining the Role of a Guarantor in Kenya, an overview of the Law of Contract (Amendment) Bill, 2019
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...
Read More Caxstone Kigata and Charles Wamae | Oct 7, 2019 | 0 Comments | 6 min read
