By Victor Orandi Thousands of couples make public statements to legalize their union. They cite death as the only reason for separation. Unfortunately, divorce sometimes precedes death and then comes the dreaded process of dividing family property. The Matrimonial Property Act (the “Act”) guides the rights and responsibilities of spouses concerning family property. The Act...
By Anita Otieno A judge recently ruled that men can be allowed sole custody of children, revoking a long-held view that only women are primary caregivers. The judge stated that it is a misconception to assume that men cannot be primary caregivers but can only be breadwinners. The Children’s Act provides for equal parental responsibility...
By Anita Otieno a) Background The Covid-19 pandemic has had its effects on the justice system as other fields in the country. With partial closure of courts in Kenya, it is imperative that other forms of dispute resolution, other than litigation, be considered. Alternative dispute resolution mechanisms have been employed already, to address...
By Victor Orandi On 1 July 2020, the judiciary launched an Electronic Filing System referred to as e filing which will enable all Nairobi courts to digitalize all filed suits and applications. Under the new electronic system, all advocates, the Office of the Director of Public Prosecutions, the Police and the members of the Public...
By Anita Otieno The Small Claims Act established a subordinate court known as the small claims court to be presided over by an adjudicator, and the pecuniary jurisdiction of the court limited to Ksh. 200,000. The nature of claims addressed by the court include: A contract for sale and supply of goods or services; A...
By Anita Otieno The National Council on the Administration of Justice had earlier suspended the execution of civil decrees and orders as a means of scaling down court activities due to Covid-19. However, the Chief Justice recently gave an order lifting the suspension, directing courts to facilitate parties seeking the extraction, issuance and execution of...
A. CORPORATE AND COMMERCIAL The Companies Act The stake required for an acquiring party to purchase, before enforcing a squeeze-out, has been restored to 90% from the current stake of 50%. This increase in the squeeze-out threshold seeks to restore the protection of the rights of minority shareholders, especially in listed companies. Companies no longer...
By Victor Orandi, Matthew Magare Adequate Healthcare is a global concern and Kenya is no exception. Increasingly the world is turning to ICT to improve healthcare service delivery. Kenya alongside other East African countries increasingly embraces telemedicine. Telemedicine can be defined as the provision of healthcare services, through ICT, whereby the health personnel and the...
By Purity Ngigi In the recent past, a number of high profile criminal cases have dominated the media headlines. Oftentimes, the accused are employees of an organisation. Once arrested the investigation authority usually petitions the court to issue orders for the detention of the accused pending investigation. The reasons given is fear of witness and...
By Victor Orandi A leading cause for summary dismissal of employees in Kenya is acts of theft by employees. Employee theft includes larceny, pilfering of cash, assets, expense fraud and reimbursement for unearned time. According to PWC’s 2018 Global Economic Crime and Fraud Survey: Kenya Report, 75% of business stakeholders indicated that they had experienced a form...
