Author: Amy Maina
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Legal Alert :Employers Cannot Unilaterally Convert Open-Ended Employment Contracts Into Fixed-Term Contracts, (Elrc Rules)
Njoroge v Thika Water and Sewerage Company Limited & 4 Others, Cause No. 1338 of 2018 [2024] KEELRC 2353 (KLR) – delivered 26 September 2024 Article by Gideon K. Muturi & Cynthia Cherono BACKGROUND The Employment and Labour Relations Court has reaffirmed an important protection for employees: an employer cannot unilaterally convert an existing indefinite…
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Legal Alert; Court of Appeal Rules that Long-Serving “Casual” Workers May Be Deemed Permanent Employees
Kenya County Government Workers’ Union v Embu County Government & another, Civil Appeal No. 178 of 2020 [2026] KECA 1481 (KLR) — delivered 24 July 2026 INTRODUCTION The Court of Appeal has issued an important reminder that the substance of an employment relationship may prevail over the label placed on it by an employer. In…
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LEGAL ALERT: Medical Negligence in Kenya: Lessons from a Hospital’s Ksh. 1.6 Million Liability
James Mutuma Kirimi (Suing as the Administrator of the Estate of Lucy Mwarania Kirim v P.C.E.A Kikuyu Hospital & Another [2017] eKLR — High Court of Kenya at Nairobi, Civil Case No. 392 of 2014 Following our recent podcast discussion on medical negligence and the duties owed by healthcare providers to their patients, we bring…
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Court of Appeal Clarifies the Scope of Judicial Review in Public Procurement Under the PPADA
Article by Gideon Muturi & Benjamin Neto The Court of Appeal has delivered a significant judgment in Civil Appeal No. 401 of 2026; Okoth & Kiplagat Advocates v Public Procurement Administrative Review Board & 3 Others, providing much-needed clarity on the scope of judicial review under section 175 of the Public Procurement and Asset Disposal…
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The Limits of Institutional Discretion in Data Processing: A Critical Analysis of the ODPC Determination in Merceline Akoth Odeyo v St. Luke Orthopaedic & Trauma Hospital Eldoret
The processing of personal data is an essential aspect of modern commerce and service delivery, particularly in the healthcare sector where institutions routinely handle sensitive patient information. However, the autonomy of organizations to process personal data is not absolute. Article 31 of the Constitution of Kenya, 2010 guarantees every person the right to privacy, including…
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The Limits of Testamentary Autonomy in Kenya: A Critical Analysis of No-Contest Clauses with Reference to Article Seven of Nderitu Gachagua’s Will
Courts will not enforce provisions in a will that are illegal, uncertain, or contrary to public policy. A testator cannot, for example, impose conditions that are discriminatory, immoral, or designed to defeat statutory protections.
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Court of Appeal Affirms Strict Timelines for Procurement Reviews and Limits Procurement Board’s Jurisdiction
Author: Gideon K. Muturi The Court held that a request for review must be filed within 14 days of the earliest procurement breach, failing which the PPARB lacks jurisdiction. Our firm has successfully defended an appeal challenging the High Court’s decision in Republic v Public Procurement Administrative Review Board; County Government of Nyeri & another;…
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Legal Alert: Contracts and the Unforeseen: Frustration vis -A-vis Force Majeure
Article by Benjamin By Neto Kitheka Benjamin; LLB Hons(UoN), KSL DIP INTRODUCTION In modern commercial practice, contracts for construction, aviation, leases, supply of goods, financing, and public procurement often run over long periods of time. During their performance, events such as pandemics, government shutdowns, war, natural disasters, or regulatory changesmay intervene. Execution of obligations may…
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Legal Alert: Contractual Cliffhangers: Understanding probationary termination
Article by Ivy Chepkorir Probation is the work world’s “try before you buy deal. “ Both sides get to test the waters, but it’sonly official if it’s written down. Probation is a legal tool used to assess a candidate’s suitability for the position and the business overall. Vital to note is that probation must be…
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Important Update on Appointment of Administrators Under the Insolvency Act
Author: Gideon Kamau Muturi The High Court of Kenya recently delivered a key ruling in I&M Bank Limited v Mitini Scapes Development Limited KEHC 5491, clarifying the procedure and limitations relating to the appointment of company administrators by debenture holders whose security predates the Insolvency Act (Act No. 18 of 2015). The Key take aways…