Legal updates
The law regarding transfer of shares by transmission
A. Introduction A Share can be defined as a single unit of ownership in a Company. It is transferred from one person to another through a share transfer document duly executed by or on behalf of both the transferor and the transferee. Section 497 of the Companies...
Charles Wamae and Shalma Maina | May 18, 2021 | 0 Comments | 7 min read
A resignation letter may be vitiated by rescission impairing an employer to act on the letter
Introduction Billy Collins, an American Poet once said that: “The pen is an instrument of discovery rather than just a recording implement. If you write a letter of resignation or something with an agenda, you're simply using a pen to record what you have thought...
Caxstone Kigata | Apr 26, 2021 | 0 Comments | 14 min read
Protection of Intellectual Property in the 21st Century: A Focus on Copyright Protection
As with all other areas of law, intellectual property rights came along so as to protect an individual’s intangible creation and innovation of the mind. Nick Harckaway, author of the Blind Giant, expressed his idea of intellectual property in the following words:...
Caxstone Kigata | Jan 25, 2021 | 0 Comments | 8 min read
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 | 12 min read
