In exercise of the powers under Section 42 of the National Construction Authority Act (the NCA Act), the Cabinet Secretary responsible for public works, in consultation with the Board of the National Construction Authority (NCA), developed the National Building Code, 2024 (the Code) which was published on 1st March ….Read more

a) Introduction Remuneration remains a contentious issue at the workplace, with discussions surrounding whether employees who perform the same work should be paid the same salary, some have argued that salary is a matter of negotiation and discussion with one’s employer. This would mean that the employee who negotiates ….Read more

Introduction Section 26 of the Land Registration Act provides that a Certificate of Title is conclusive evidence of proprietorship provided it is not linked to fraud or misrepresentation in which the person is party to. This means that even though the law provides for the principle of indefeasibility of ….Read more

In a recent High Court decision, the Court held that persons who had applied for a job listing and had been shortlisted for an interview had legitimate expectations to be interviewed. Abdi & 2 others v Speaker, County Assembly of Garissa & another (Constitutional Petition E013 of 2023) [2024] ….Read more

“24.  So important is the issue of jurisdiction that it can be raised at any time in the proceedings – including on appeal even if it was not raised earlier…………. “Moreover, it being a point of law, the issue of jurisdiction can also be raised at any stage; in ….Read more

MWC Legal, a leading Kenyan law firm has once again been recognized by IFLR1000 for its outstanding legal expertise.  The 2024 #IFLR1000 ranking validates the outstanding work we at MWCLegal have been doing to facilitate commercial transactions and contribute to societal and economic development.   We owe this success to our ….Read more

INTRODUCTION In employment law, resignation is a unilateral act by the employee to terminate the employment relationship. Once communicated, the resignation takes effect without requiring the employer’s acceptance, as consistently upheld by the courts. EFFECTIVENESS OF RESIGNATION In Apudo v Azure Hotel Limited Cause 816 of 2018 KEELRC 321 ….Read more