Legal updates
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...
All companies can now hold virtual or hybrid AGMs: Wamae and Allen achieves a feat to ease the doing of business in Kenya during this COVID-19 period
In response to the COVID-19 outbreak, the government adopted a severe lockdown policy, including suspending all public gatherings and stopping movement of persons across certain counties, in order to curb or otherwise contain the spread of the virus. In particular,...
Decision making by companies during the COVID-19 pandemic
Introduction Companies conduct their business by holding general and special meetings pursuant to Part XIII of the Companies Act 2015. These meetings are generally conducted by congregating an assembly of members. The COVID-19 crisis has necessitated social...
A review of the supreme court’s decision in stanley mombo amuti vs. Kenya anti-corruption commission
THE CONCEPT OF UNEXPLAINED ASSETS - A REVIEW OF THE SUPREME COURT’S DECISION IN STANLEY MOMBO AMUTI VS. KENYA ANTI-CORRUPTION COMMISSION Introduction Under Section 2 of the Anti-Corruption and Economic Crimes Act (ACECA), unexplained assets are the assets of a...
The COVID-19 pandemic qualifying as frustration or force majeure in contracts.
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...
Limitation of the Right to Privacy of Health Data in The Face of a Pandemic.
“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...
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...
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...
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...
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....