Is Kenya Ready For A Virtual Currency?
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Is Kenya Ready For A Virtual Currency?

By Purity Ngigi- Sundays In the wake of technology and innovation, there has been the reception of digital payment methods and virtual currencies such as cryptocurrencies, stable coins, Central Bank Digital Currencies (CBDC), and electronic money have been in the global market. Many countries are slowly including virtual currency as part of their legal tender....

Employers Required to Match Employees NHIF Contributions
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Employers Required to Match Employees NHIF Contributions

By Purity Ngigi Sundays The National Hospital Insurance Fund (NHIF) Amendment Bill (“the Amendment Act”)was assented to on 10th January 2022 and came into effect on 28th January 2022. The Amendment Act amends the NHIF Act (“the Act”) by providing for persons above the age of 18 years who are not yet registered under NHIF...

The Right To Inherit The Property Of The Deceased Person
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The Right To Inherit The Property Of The Deceased Person

By Victor Orandi On 17th November 2021, the President assented to the Law of Succession (Amendment) Bill, 2019 (the “Act”). The Act sought to streamline the administration of succession matters in Kenya by redefining who can inherit the deceased’s person’s property.  Introduction A person’s ownership of property ceases upon his/her (“his”) death. However, the property shall...

Clearance Certificates No Longer a Requirement During Recruitment
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Clearance Certificates No Longer a Requirement During Recruitment

By Purity Ngigi – Sundays The Employment Amendment  Bill No. 79 of 2019 seeks to amend Section 9 of the Employment Act by introducing a provision to stop employers from requiring the provision of mandatory clearance certificates from job applicants during recruitment. The amendment provides that an employer shall not require a job applicant to...

When to Rely on a Performance Management System for Termination
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When to Rely on a Performance Management System for Termination

By Purity Ngigi- Sundays In the current digital age, employers are increasingly automating their management systems to make work more efficient. There has been an increase in using performance management systems to track employees performance and performance improvement tools to help underperforming employees improve their performance. It is now customary practice to place employees on...

Paid Maternity Leave Is A Constitutional Right
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Paid Maternity Leave Is A Constitutional Right

By Purity Ngigi – Sundays The Employment and Labour Relations Court (the “Court”) recently awarded a former employee  Kshs.2,274,051.60 which included Kshs.1,500,000 as damages for discrimination on account of her pregnancy and three months pay on account of maternity leave.  Facts of the Case The employee submitted a request for maternity leave on 26th January...

Recordation of Trademarks on Imported Goods
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Recordation of Trademarks on Imported Goods

By Victor Orandi Introduction A trade mark is a sign which distinguishes the goods or services of one person or organization from those of the competitors. A trade mark can be a word, symbol, slogan, device, brand, signature or any combination of these.  Trade marks are territorial in that they are recognized only in the...

Business Revenue Refunds from Minimum Tax Nullification
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Business Revenue Refunds from Minimum Tax Nullification

By Victor Orandi The Finance Act, 2020 assented into law on 30th June 2020. The Act introduced a Minimum Tax, which is a base income tax payable in instalments by all persons regardless of whether or not they make a profit, effective 1st January 2021. The rate of the tax is 1% of the gross...

NEWSFLASH| NHIF Amendment Bill 2021 – Reprieve To Employers
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NEWSFLASH| NHIF Amendment Bill 2021 – Reprieve To Employers

By Purity Ngigi – Sundays News sites have reported that MPs on 29th September 2021 passed the National Hospital Insurance Fund (NHIF) Amendment Bill 2021 at the sitting of the committee of the whole house.  The draft Bill provided a requirement for employers to match their employees NHIF contribution by paying the total amount without...

Obtaining Customers’ Data Consent for Marketing
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Obtaining Customers’ Data Consent for Marketing

By Victor Orandi The Data Protection Act (DPA) has changed the way that companies communicate with prospects and customers. Failure to comply with DPA can lead to hefty fines of up to Ksh. 5,000,000 or, in the case of an undertaking, not more than 1% of its annual turnover. The DPA applies to personal data,...