By Purity Ngigi – Sundays The Employment Act provides that every employer with twenty employees and above must have a sexual harassment policy. Employers who meet this threshold must ensure that a sexual harassment policy is drafted and issued to employees. A sexual harassment policy must define what amounts to sexual harassment and must incorporate...
Author: Matthew Magare (Matthew Magare)
Termination of Probationary Contracts
By Purity Ngigi – Sundays A recent cursory look at case law has established that an employee’s right not to be unfairly terminated applies in the termination of a probationary contract. The employment law requires that upon the termination of employment, an employer must show that the reason for ending the relationship is valid, fair,...
Recent Developments on Companies Collection Of Data
By Victor Orandi On 25th November 2019, the Data Protection Act 2019 came into force in Kenya (DPA). The DPA establishes the Office of the Data Protection Commissioner, to be held by a Data Commissioner who the President will appoint. On 12th November 2020, the President appointed Ms Immaculate Kassait as Data Commissioner to the...
Deadline Extension For Migration to Second Generation e-Passport
By Elainer Mogoa Cabinet Secretary Dr Fred Matiang’i has extended the deadline for voiding the old passport by a further ten months until 31st December 2021. This extension comes after the Directorate of Immigration Services decided to scale down its operations to mitigate the spread of COVID -19. The government of Kenya has been phasing...
Scaling Down of Operations at Foreign Nationals Management Services Office
By Elainer Mogoa The Directorate of Immigration services has scaled down on operations at the Foreign Nationals Management Services Office effect from 29th March 2021. These measures ensure both the customers and staff’s safety after the upsurge of Covid-19 cases in the country. Services temporarily suspended include the endorsement of permits and passes. However, with...
Automated Permits and Passes Using QR Code
By Elainer Mogoa The Department of Immigration Services has automated the issuance of permits and passes to streamline the immigration process and meet the COVID-19 standards. Previously, applicants made payment after the approval of the permits and passes to collect the permits and passes physically. Now, applicants will download the work permits and passes on...
Are Your Employment Contracts In Line With The Law?
By Purity Ngigi – Sundays At the beginning of the employment relationship, the law provides that an employer shall issue the employee with a contract of employment no later than two months from the date of beginning the job. Issuance of a contract of employment is an obligation on the employer and not a liberty....
Adoption Leave Rejected by the President
By Purity Ngigi – Sundays Parliament proposed an amendment to the Employment Bill in 2019. The bill includes paid adoption leave for a female employee who adopts a child of two years or less. And two months of paid leave for a female employee who gets a child through a surrogacy parenthood agreement. It also...
Use of e-Visa to Enter Kenya
By Elainer Mogoa The government of Kenya automated the new electronic visa (e-visa) processing system effect from 1 January 2021. All visa applications are processed online. All passengers travelling to Kenya from countries that require visas to Kenya are required to obtain an e-visa before boarding as no visas will be issued on arrival. What...
The Special Pass; Temporary Work Permit
By Elainer Mogoa A special pass is issued to those who wish to enter Kenya and stay for: A limited period for the purpose of applying for a review of a decision denying a permit; Applying for a permit or pass; Temporarily conducting any business, trade or profession; Any other purposes which an immigration officer...