Blog Updates

23 Aug 23

LEGAL ALERT! Clearance And Compliance Certificates for Job Seekers

For a long time, employers in the public sector would request job applicants to provide clearance and compliance certificates including;  However, the Employment (Amendment) Act No. 15 of 2022 amended Section 9 of the Employment Act to eliminate the requirement for job applicants to submit clearance or compliance certificates while submitting their job applications to […]
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21 Jul 23

Termination Of An Employee On The Ground Of Poor Performance

When it comes to saying goodbye to employees, it’s no secret that poor performance often leads to termination. Although poor performance is a distinct ground for termination of employment, the Employment Act is unclear as to what constitutes poor performance.  Recently, the Employment and Labor Relations Court delivered a groundbreaking judgement in the case of […]
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07 Jul 23

Employee Vs Consultant

There are various categories of people who work in an organisation including employees and consultants. This article will look to distinguish between an employee and a consultant and the rights accruing to each. Section 2 of the Employment Act defines an employee as “ a person employed for wages or a salary and includes an apprentice […]
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23 Jun 23

Constructive dismissal when does it apply?

Constructive dismissal has not been defined under the Kenyan Employment Act 2007. However, the Cambridge University dictionary defines constructive dismissal as “actions taken by an employer that intentionally make working conditions for an employee difficult or unfair so that the employee feels forced to leave their job”.  The Black’s Law Dictionary (9th Edition)  also defines […]
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23 Jun 23

Contract Renewal, Is It Mandatory?

A Contract Renewal is an extension of the Term of a Contract, on or before the last day of the Term. The Employment Act 2007 is silent on whether contract renewal is mandatory and because of this, the courts have been forced to intervene to decide whether the renewal of a fixed employment contract is […]
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23 Jun 23

Succession Law: Is my Will valid?

A will is a legal document created to provide instructions on how an individual’s property and custody of minor children, if any, should be handled after death.In this article we shall focus on what makes a will valid and cannot be revoked.  The Law of Succession Act provides certain requirements that must be adhered to […]
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23 Jun 23

Estate Planning in Kenya

This is the process of anticipating and arranging for the disposal of an Estate. It can also be defined as the process of designating who will receive your assets and handle your responsibilities after your death or incapacitation. The main reason for estate planning is to reduce uncertainties in the administration of the deceased or […]
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23 Jun 23

Testator: Executor of a Will and their role

A testator normally appoints an executor to administer his/her estate in the event of his/her death. Where the testator fails to appoint an executor, in this case, the court may appoint any person including friends and family who have petitioned the court to be executors. Section 83 of the Law of Succession Act specifies and […]
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23 Jun 23

The Succession Process In Kenya.

What is succession? This is the process of passing the legal rights of the deceased property to his/her successors. There are two types of succession processes namely; testate succession and intestate succession.  Testate succession is where a person has a will which takes effect after his or her death. While intestate succession is where a […]
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