Fixed term employment contracts and the right to reasonably expect renewal
Our case in point today is Muthee v Italiana (Cause 2244 of 2015) [2023] KEELRC 1825 (KLR) (28 July 2023). Our discourse is on fixed term employment contracts and the…
Reliefs for constructive dismissal: statutory capped compensation or damages at large?
Constructive dismissal is now a well-known concept in employment law. If there was any grey area surrounding the concept, the court of appeal in the leading case of Coca Cola…
Jurisdiction is everything. But is it?
The case in point is Supreme Court of Kenya Petition Number 11 (E008) of 2022 Hon Mike Mbuvi Sonko v The Clerk County Assembly of Nairobi City & 11 others.…
Court reaffirms testamentary freedom
The case in point is Nyeri Civil Appeal Number 100 of 2019: Evelyn Wanja & Naomi Mwendwa Majau –v- Gladys Nkirote M’Itunga. Some background to put the case into context.…
Civil marriages in Kenya: Just after how long should one petition for divorce if the marriage ship sinks?
The case in point is Malindi Civil Appeal No. 166 of 2019: The National Assembly of Kenya –v- Tukero Ole Kina and The Attorney General. The Marriage Act, 2014…
When will the Insurance Regulatory Authority settle claims in Kenya on behalf of the insurer?
The case in point is HIGH COURT OF KENYA AT MACHAKOS PETITION NUMBER 20 OF 2018: PETER MWAU MUINDE & INTERCOUNTY COUNTY EXPRESS LIMITED –V- INSURANCE REGULATORY AUTHORITY, ATTORNEY GENERAL…
Removal of judges for gross misconduct in Kenya. Is there room for judges to make mistakes?
The case in point is SUPREME COURT OF KENYA PETITION NO. 4 OF 2020: HON. MR. JUSTICE MARTIN MATI MUYA –V- THE TRIBUNAL APPOINTED TO INVESTIGATE THE CONDUCT OF JUSTICE…
CONSTITUTIONAL PETITIONS: WITHDRAWAL
The case in point is Msa High Court Costitutional Petition E017 of 2022: Ndoro Kayuga & George Odhiambo -v- Mike Sonko Gideon Mbuvi Kioko & 2 others. Here, the petitioners,…
CORPORATE DERIVATIVE CLAIMS IN KENYA
A company, as a distinct juristic person, has the right, and is the best-placed plaintiff to sue on a wrong suffered by it. However, there are instances when the wrong…