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 …
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 …
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, …
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 …
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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 …
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The Teleposta Question and the Future of Secured Lending in Kenya Introduction The pending Supreme Court appeal in Teleposta Pension Scheme Trustees Registered matter will become one of the most consequential decisions in the banking sector. At its core lies a fundamental question: can a purchaser acquire a valid title through a chargee’s statutory power …
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Why Are Riparian Lands Under Scrutiny? In the recent months, Nairobi has witnessed a series of high-profile demolitions and enforcement actions targeting developments alleged to have encroached on riparian reserves. These actions have sparked widespread public debate, particularly among land owners, developers, business owners and communities affected by these actions. While these developments may suggest …
Financial service providers such as banks, SACCOS and other institutions offer customers products and services that empower them to manage and grow their financial resources. As part of our Initiative to raise Financial awareness during Global Money Week, 2024 we have summarised some of the matters Customers should consider when accessing financial services: 1. Tarrifs …
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The Computer Misuse and Cybercrimes Act, 2018 has provided for provisions that seek to protect consumers for erroneous transactions made and states the implications for failure by the receipient to refund the said payment to the beneficiaries. It provides various offenses relating to computer systems with the objective of enabling timely and effective, prevention, detection, …
The Digitalization of Financial Services is an undeniable force shaping the future of financial platforms. The ability to perform transactions, check balances, access loans and invest on an online platform has revolutionized the way in which we interact with money. The Paramount concern surrounding digital financial services is the vulnerability of the user data to …
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