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,...
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....
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...
By Elainer Mogoa Foreign nationals wishing to work in Kenya are required to obtain a work permit. However, work permits are generally only granted in instances where the employer can prove that doing so would be beneficial to Kenya and the position cannot be filled by any suitable Kenyan applicants. The Class D permit for...
By Purity Ngigi – Sundays In a recent court decision in Kisumu, a judge ruled that the termination of a domestic worker otherwise known as a house manager or house help was unfair since the employer did not issue the employee with a valid reason for termination and did not follow the stipulated procedure while...
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 Purity Ngigi An employee’s poor performance is a common reason for the termination of their employment. The Employment Act No. 11 of 2007 of Kenya (the “Act“) provides that the employer must detail every allegation of poor performance before any disciplinary hearing. An employer should support allegations of poor performance with evidence such as...
By Victor Orandi The Employment (Amendment) Bill, 2019 (the “Bill”) seeks to amend the Employment Act 2007 to provide for Pre-adoptive Leave. In its current form, the Employment Act provides for maternity leave to coincide with the birth of a child and does not contemplate adoption. Pre-adoption in this case, as considered under section 157...
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...
