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,...

Pre- Adoption Leave Now Available For Employees
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Pre- Adoption Leave Now Available For Employees

By Purity Ngigi – Sundays The President assented to the employment bill proposing one month’s pre-adoptive leave to employees wishing to adopt a child from an adoption society. The signing of the bill into law came following a rejection of the bill earlier this year. The pre-adoption leave became fully operational on 15th April 2020....

Requirements for All Foreigners Entering Kenya
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Requirements for All Foreigners Entering Kenya

Updated on 20th March 2024. By Elainer Mogoa Visa requirements Kenya has implemented a visa-free policy, exempting all foreign nationals from visa requirements, effective 1 January 2024. This means that foreign visitors will no longer be required to obtain a visa for entry into Kenya regardless of nationality. In lieu of the traditional visa requirement,...

More Requirements Waived for Tanzanians to Work in Kenya
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More Requirements Waived for Tanzanians to Work in Kenya

By Elainer Mogoa Kenya has eliminated work permit fees for Tanzanian nationals to allow Tanzanians to work and invest in Kenya. On 4th May 2021, in a meeting with Tanzanian President Samia Suluhu, president Uhuru Kenyatta announced the scrapping of work permit fees for Tanzania Nationals working or investing in Kenya. The objective is to...

Is Your Business Providing Combined/Composite Services?
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Is Your Business Providing Combined/Composite Services?

By Victor Orandi Composite supply means a supply that comprises two or more goods or services, which are naturally bundled and supplied in with each other in the ordinary course of business, one of which is a principal supply and ancillary supply. This means that the goods or services are generally supplied as a combination...