Category: General
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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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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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Legal Alert: Court of Appeal Judgement in Kenya Revenue Authority v. David Mwangi Ndegwa Clarifies VAT on Commercial Property.
Article by Gideon Muturi. The Court of Appeal, in Civil Appeal No. 65 of 2019; Kenya Revenue Authority v. David Mwangi Ndegwa, has delivered a significant Judgement regarding the applicability of Value Added Tax (VAT) to the sale of commercial property. This decision overturns the earlier Judgement of the High Court and provides clarity on…
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Legal Alert: Court Affirms Requirements For Leave In Derivative Claims.
Article By Gideon Muturi assisted by Anita Nyaga Are you aware that as a shareholder, you cannot bring a claim on behalf of a company without first obtaining the court’s permission? This crucial principle was reaffirmed in the recent High Court decision in Simon Njoroge Ndungu vs. Stanley Livondo & David Kiguongo Kanja & 2…