Legal updates
Advocates be cautious: – Litigate your case in the press or on the internet at your own risk
Van Vechten Veeder, a United States Judge stated: “one's good name is as truly the product of one's efforts as any physical possession; indeed, it alone gives to material possessions their value.” It therefore follows that a person’s name or reputation ought to be...
Caxstone Kigata | Dec 7, 2020 | 0 Comments | 9 min read
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.
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...
Caxstone Kigata | Nov 30, 2020 | 0 Comments | 5 min read
Implications of the companies (beneficial ownership information) regulations, 2020
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...
Charles Wamae and Shalma Maina | Nov 5, 2020 | 0 Comments | 6 min read
A case for an independent registry for registration of securities over intellectual property
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...
Virginiah Nduta and Joseph Muhuni | Oct 5, 2020 | 0 Comments | 5 min read
Land once offered as collateral becomes a commodity of sale
(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...
Caxstone Kigata and Shalma Maina | Sep 28, 2020 | 0 Comments | 5 min read
Enforcing a foreign judgment in Kenya where there is no agreement for reciprocal recognition and enforcement
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...
Caxstone Kigata | Sep 21, 2020 | 0 Comments | 7 min read
What Employers ought to do in dismissing their employees due to Poor Performance
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...
Caxstone Kigata and Maurine Sumba | Sep 15, 2020 | 0 Comments | 13 min read
Judicial recusal and when the court must sit.
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...
Caxstone Kigata and Joseph Muhuni | Sep 9, 2020 | 0 Comments | 7 min read
A case for the appointment of data protection officers pursuant to the data protection act, 2019
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...
Faith Mwaka and Joseph Muhuni | Jul 22, 2020 | 0 Comments | 6 min read
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.
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...
Faith Mwaka and Shalma Maina | Jun 29, 2020 | 0 Comments | 7 min read
