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Managerial Prerogative In Employment Law

Introduction  The Black’s Law Dictionary defines prerogative as an exclusive or peculiar privilege. It is the special power, privilege or immunity vested in an office or person, either generally or in an official body. Managerial prerogative is therefore the residue of discretionary power left at any moment in the ….Read more

        Kenya’sMove Towards Regulating Professionals    Introduction According to the Cambridge Dictionary, a profession is “any type of work that needs special training or a particular skill, often one that is respected because it involves a high level of education”. The Kenyan National Assembly is currently on ….Read more

Increase in Stamp duty on Land Transfers in Gazetted Urban areas and Municipalities On 5th April 2024, the Principal Secretary in the State Department for Lands and Physical Planning issued a significant directive regarding stamp duty on Land transfers. The notice was to take immediate effect and stated that ….Read more

Alternative Investment Funds (AIFs) comprised of private equity funds, hedge funds and venture capitalist funds may soon be required to obtain licensing from the Capital Markets Authority (the Authority) in order to pool funds from investors in Kenya and beyond for investment in the Kenyan market. This is following ….Read more

Examining the Limited Liability Partnership Act, 2011 in Light of the Anti-Money Laundering and Terrorism Financing Laws (Amendment) Act, 2023. Introduction The Anti-Money Laundering and Combating of Terrorism Financing Laws (Amendment) Act, 2023 (the Amendment Act) was signed into law on 1st September 2023 and came into effect on 15th ….Read more

“No Automatic Compensation for Unfair Termination”: An Analysis of the Court’s Decision in Nyeri/ELRC/E048/2023 Dr. Eunice Njoki Mutahi Vs County Government of Kirinyaga and Others Introduction The Employment and Labour Relations Court (ELRC) has over the years of its existence been considered as a pro-employee court. Employers have often ….Read more

A Win for Consumers – Court Awards Damages for Breach of Consumer Rights In a recent High Court decision, Safaricom PLC (the Appellant) was condemned to pay KES. 452,868/= to Mr Ronald Wilson Kafwa (the Respondent), one of its customers being part of the amount of money lost by ….Read more

Proving Land Ownership in Kenya “There is no doubt that such proof will be on a balance of probabilities, but the court must be left in no doubt that the holder of the documents proved is the one entitled to the property.” Onguto, J, Caroline Awinja Ochieng & another ….Read more