Introduction Unlawful termination of employment, a form of unfair labor practice that is prohibited under Kenyan labor laws. It occurs when an employer terminates the contract of an employee unfairly and fails to provide reasons for the termination, while also failing to provide adequate notice before the termination. Employees who experience such conduct have the […]
Introduction The responsibility of child maintenance and support is regulated by the Children Act 2022 and the Constitution of Kenya. Child maintenance and custody are one of the fundamental issues that the courts do consider while acting on divorce or separation cases. The courts are always guided by Article 53 of the Constitution which provides […]
Debt collection is a process that involves recovering money owed by individuals or businesses to creditors. This process is essential for a stable economy in Kenya because by ensuring that debts are repaid, it supports business operations, lending, and investment, thereby fostering financial trust and responsible borrowing and lending practices. Debt collection encompasses various steps […]
The Supreme Court of Kenya’s judgment in the case of Joseph Ombogi Ogentoto v Martha Bosibori Ogentoto (SCORK PET 11 of 2020) in 2023 sparked important discussions around equality and fairness in the division of matrimonial property upon divorce. The Appellant and Respondent, had entered into a customary marriage under Abagusii law that was later […]
The Small Claims Courts (SCCs) in Kenya were established under the Small Claims Court Act of 2016, as a subordinate court in the structure of the court system in Kenya under Article 169 (1) (d) of the Constitution. Its primary goal is enhancing access to justice for civil and commercial disputes involving claims up to […]
IntroductionA trust is a legal obligation where trustees are required to manage assets they control (known as trust assets) for the benefit of designated individuals (beneficiaries), following the guidelines set out in the Trust deed. It is also referred to as a fiduciary relationship, where the settlor (the person establishing the trust) grants a trustee […]
The current land laws came as a relief to many families, especially for women and their children. This is so especially with family property and especially the matrimonial home. Husbands were the sole custodians and owners of the matrimonial homes and would dispose them and charge them at will, without considering the effect of rendering […]