Uncategorized

COPYRIGHT INFRINGEMENT OR INCIDENTAL INCLUSION. WHERE DOES THE LAW DRAW THE LINE? Copyrighted works are part and parcel of Intellectual property that involve intangible assets which are works of the mind and comprise of literary and artistic works, inventions and designs that are legal protected. Due to the  nature of these works and their commercial …

COPYRIGHT INFRINGEMENT OR INCIDENTAL INCLUSION. WHERE DOES THE LAW DRAW THE LINE? Read More »

Can an Unregistered Foreign Company Sue in Kenya? The Court of Appeal Draws the Line Cross-border transactions increasingly blur the traditional boundaries of where business is actually conducted. A contract may be negotiated in one country, funded from another, performed partly in Kenya and ultimately enforced before a Kenyan court. Against that background, the Court …

CAN AN UNREGISTERED FOREIGN COMPANY SUE IN KENYA?THE COURT OF APPEAL DRAWS THE LINE Read More »

Constructive Dismissal in Kenya: Understanding Employees’ and Employers’ Rights While many employment disputes often arise from express termination by an employer or resignation by an employee, there are situations where one party’s conduct effectively brings the employment relationship to an end without an explicit dismissal or resignation. This is where the doctrine of constructive dismissal …

DOCTRINE OF CONSTRUCTIVE DISMISSAL Read More »

CELEBRATING EXCELLENCE AT HMS AFRICA ⚖ We are proud to celebrate the outstanding achievements of our colleagues and their recognition among some of Kenya’s leading legal professionals. Njeri Waitimu — Managing PartnerRecognized in the Hall of Fame – Commercial Lawyers in Kenya, 2026 Nuru Said — Senior PartnerRecognized in the Hall of Fame – Commercial …

CELEBRATING EXCELLENCE AT HMS AFRICA ⚖️ Read More »

SUSTAINABLE FINANCE: GOVERNANCE PILLAR Article by Njeri Waitimu For legal assistance or inquiries regarding employment, labour relations, outsourcing arrangements, trade union matters, or other workplace-related issues, please contact HMS Africa Advocates LLP via email at [email protected]. The contents of this article are intended for general information only and should not be construed as legal advice.

Outsourced Workers and the Right to Join Trade Unions: The Impact of the Rea Vipingo Decision The question of whether outsourced workers can lawfully join trade unions has long been a contentious issue within Kenya’s labour market. As businesses increasingly rely on outsourcing arrangements to improve operational efficiency and reduce employment costs, concerns have emerged …

Outsourced Workers and the Right to Join Trade Unions: The Impact of the Rea Vipingo Decision Read More »

Kenya’s Changing Immigration Landscape: Regulatory Reforms and the Institutional Framework Governing Immigration Immigration plays a significant role in Kenya’s economic development, national security, regional integration and international relations. As a strategic gateway to East Africa, Kenya attracts investors, expatriates, tourists, students, refugees and skilled professionals from across the world. This has necessitated a comprehensive legal …

Kenya’s Changing Immigration Landscape: Regulatory Reforms and the Institutional Framework Governing Immigration Read More »

Outsourcing Labour in Kenya: Understanding the Legal Framework, Benefits and Compliance Requirements Labour in Kenya is governed by several key legal instruments, beginning with the Constitution of Kenya 2010 as the primary legal framework. In addition to the Constitution, the following statutes are essential to understanding the labour law landscape in Kenya:: The Employment Act, …

Outsourcing Labour in Kenya: Understanding the Legal Framework, Benefits and Compliance Requirements Read More »

Beyond Wills: Why Trusts Are Becoming an Essential Estate Planning Tool in Kenya For decades, estate planning in Kenya has largely been associated with writing a will. However, cultural hesitations around discussing death often leave many families without a clear plan for the future. The result can be delays in administering estates, family disputes, and …

Beyond Wills: Why Trusts Are Becoming an Essential Estate Planning Tool in Kenya Read More »

Understanding the Legal Implications of Terminating a Fixed Term Commercial Lease It goes without saying that lease agreements are pertinent legal documents for entities running commercial businesses. The understanding or otherwise of the terms therein bears significant legal and financial opportunities and risks to both the landlord and the tenant. However, precedence will show that …

Understanding the Legal Implications of Terminating a Fixed Term Commercial Lease Read More »