Legal updates
EMPLOYEE RIGHTS AND GUARANTEES DURING THE COVID-19 PANDEMIC
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...
Caxstone Kigata, Andrew Kabugu and Wamuyu Mathenge | Mar 31, 2020 | 0 Comments | 11 min read
Legal strategies that employers can implement during the COVID-19 pandemic as a way to cushion themselves & ensure sustainability
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...
Andrew Kabugu, Virginiah Nduta and Wamuyu Mathenge | Mar 23, 2020 | 0 Comments | 9 min read
The utility of capital reduction as a means of mitigating financial distress
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 providing a...
Ambrose Waigwa and Faith Mwaka | Mar 10, 2020 | 0 Comments | 5 min read
CONSTITUTIONALITY OF POLYGRAPH TEST AGREEMENTS IN EMPLOYMENT CONTRACTS
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....
Andrew Kabugu and Wamuyu Mathenge | Mar 3, 2020 | 0 Comments | 4 min read
Intellectual Property in Kenya: Challenges in character and celebrity merchandising
Intellectual Property (IP) Law has gained popularity recently due to the growth of Kenya’s digital economy, illustrated by increasing investments in intangible assets, such as IP rights, which have exceeded their traditional capital in leading global This article...
Janeirene Maina and Saida Thuo | Feb 24, 2020 | 0 Comments | 7 min read
How the Data Protection Act will affect Financial Institutions
“System uptime, data protection and identity theft are weighty issues. It takes real ingenuity to out-think the fraudsters who are trying to steal identities and hack into enterprise systems. “- Chris Shipley Introduction The Data Protection Act No. 24 of 2019 was...
Virginiah Nduta and Lilian Orero | Feb 17, 2020 | 1 Comment | 7 min read
A Critique of the Public Participation Bill – A case study of the Al Gurhair Case
Introduction For a long time, the people of Kenya participated in governance indirectly through their representatives in Parliament. This position changed with the 2010 Constitution which for the first time recognized and mandated public officers as well as law...
Leah Muhia and Sandra Nganyi | Feb 10, 2020 | 1 Comment | 8 min read
Are tattoos copyrightable?
Copyright is a property right in an original work of authorship fixed in any tangible medium of expression. It gives the holder the exclusive right to reproduce, adapt, distribute, perform, and display the work. In other words, copyright is “a monopoly of limited...
Caxstone Kigata and Wamuyu Mathenge | Feb 3, 2020 | 0 Comments | 3 min read
Can Customary Law Override Statutory Law? – An Overview of Ruth Anyolo vs. Agnetta Oiyela Muyeshi (2019) eKLR
Ruth Benedict, in the book Patterns of Culture (1934) said: “The life history of the individual is first and foremost an accommodation to the patterns and standards traditionally handed in his community. From the moment of his birth the customs into which he is...
Caxstone Kigata and Shalma Maina | Jan 27, 2020 | 0 Comments | 3 min read
Mobile Money lending in Kenya – A Critique of the Financial Markets Conduct Bill, 2018.
1.0. Introduction For a long time, money lending was a preserve of commercial banks which dominate the Kenyan credit market. Many private individuals as well as Small to Medium-sized Enterprises (SMEs) and big corporations relied on credit facilities from...
Ambrose Waigwa and Sandra Nganyi | Jan 20, 2020 | 3 Comments | 6 min read
