A three bench Judge of the Employment and Labour Relations Court, has declared Section 42 (1) of the Employment Act to be unconstitutional in that it is inconsistent with articles 24, 41 and 47 of the Constitution of Kenya. Section 42(1) of the Employment Act provides: "the provisions of section 41 shall not apply where a termination of employment terminates a probationary contract." The provisions referred to in section 41 above provide: "Subject to section 42(1), an employe

Family Trust in Kenya. The Trustees (perpetual Succession)(amendment) Bill, 2021 & The Perpetuities and Accumulations (Amendment) Bill, 2021

The High Court Commercial and Tax Division delivered a Judgement on the 5th February 2021 where it declared, in the absence of an Employer-E

On 31st December 2020, the Ministry of Lands and Physical Planning issued a notice of conversion of Nairobi land reference numbers vide Gazette Notice No. 11348 notifying the general public of the conversion of old land reference numbers to new parcel numbers. The Notice was issued pursuant to regulation 4 (4) of the Land Registration (Registration Units) Order, 2017, where the Cabinet Secretary for Lands and Physical Planning published a list in respect of the Nairobi Land R

Take note that pursuant to section 93A of the Companies Act, 2015 (“the Act”) requiring all companies to keep and lodge with the Registrar of Companies a register of its beneficial owners and the gazettement of the enabling regulations, Companies (Beneficial Ownership Information) Regulations, 2020, the Registrar of Companies hereby notifies all Officers of Companies and authorized persons that the Beneficial Ownership (BO) E-Register has been operationalized with effect from

President of Kenya assented The Business Laws (Amendment) Act, 2020 that made amendments to various laws including electronic signatures.

MISC. CIVIL CAUSE NO. 131 OF 2016: Gooodison Sixty One School Limited v Symbion Kenya Limited Background The appellant and respondent were in dispute in connection with the construction of a school which was being developed by the applicant and the respondent was the architect. Pursuant to an arbitration agreement between the parties, the dispute was referred to arbitration before a sole arbitrator. The applicant had filed a challenge before the arbitrator seeking his disqu

What Is AFCFTA? the largest Free Trade Area in the World is expected to come into effect on the 30/05/2019.

In the High court petition of Boniface Oduor v Attorney General and 4 others Petition 413 of 2016, Section 33B (1) and (2) that set capping on interest rates were declared unconstitutional. The petition related to the constitutionality of the interest rate capping and auxiliary provisions of section 33B of the Banking Act. A month prior to the hearing of the petition, there was an amendment to sections 31A and 33B of the Act. Those changes were through section 64 of the Finan

The High Court in Nairobi determined in the case of Landor LLC & another v Wagude Lui T/A Landor & Associates & 2 others Civil Case 266...

The amendment to the Act will have an impact on credit lending institutions and debt recovery agencies.