General

Employers are often confronted with unexpected challenges, and perhaps one of the most complicated situations is when an employee commits a criminal offense. The delicate balance between protecting the employment rights of the individual and safeguarding the integrity of the workplace can leave employers unsure of the next course of action. Perhaps one of the […]

Introduction: Land transfers in Kenya constitute a complex process governed by various legal provisions, ensuring a systematic and regulated transition of property ownership. This article aims to shed light on the legal intricacies surrounding land transfers, focusing on the Land Act and the Land Registration Act (LRA). Legal Definitions and Scope: The term ‘transfer’ refers […]

The Investment Promotion Act defines two types of investors: foreign and local. A foreign investor is described as (a) a natural person who is not a citizen of Kenya; (b) a partnership where the controlling interest is owned by non-citizens of Kenya; or (c) a company or other body corporate incorporated under the laws of […]

Corporate governance mechanisms cover various aspects of a company’s management, such as board structure and the existence of an active market for corporate control. Good corporate governance leads to efficient resource utilization, minority shareholder protection, better decision-making, and improved relationships with stakeholders like workers, creditors, etc. It is crucial for attracting long-term, patient capital that […]

Recently, in the case of Ojung’a v Healthlink Matcare Ltd t/a Nairobi Women Hospital (Cause 1620 of 2018) [2023] KEELRC 1607 (KLR) the Employment and Labour Relations Court upheld Article 32 of the Constitution of Kenya, 2010 (the “Constitution”) which guarantees the right to freedom of conscience, religion, belief, and opinion with respect to the […]

Statutory Compliance is the act of adhering to a law, rule, policy, or guideline pertaining to business procedures in a particular jurisdiction.  Following the president’s approval of the Companies Act, 2015 on September 11, 2015, and its full implementation in June 2016, Kenyan companies were given a variety of files that they must submit to […]

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 […]

Succession planning in simple terms involves creating a plan for someone to either own or run your business after you die, retire or become disabled. In simple terms, succession is the process of passing control of the business to others. Succession planning can be defined as the process of identifying and preparing suitable employees through […]

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 […]

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 […]