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FAQs
What is employment law, and What are my rights as an employee under the law?
Employment law governs the relationship between employers and employees, including their rights and obligations. In Kenya, employees have rights to fair treatment, safe working conditions, fair remuneration, protection from discrimination, and the right to join trade unions. The Employment Act and other relevant laws provide these protections.
What constitutes wrongful termination, and what are my options if I believe I’ve been wrongfully terminated?
Wrongful termination occurs when an employee is dismissed without a valid reason or without following due process as outlined in the Employment Act. If you believe you’ve been wrongfully terminated, you can file a complaint with the Employment and Labour Relations Court for remedies such as reinstatement or compensation.
What are the legal requirements for forming a business entity, or a company in Kenya?
To form a business entity or company in Kenya, you need to:
- Choose a business structure (e.g., sole proprietorship, partnership, limited company).
- Register the business name with the Registrar of Companies.
- Obtain necessary licenses and permits.
- Comply with tax registration requirements with the Kenya Revenue Authority (KRA).
- Adhere to any specific regulations related to your industry.
How can I protect my intellectual property rights as a business owner?
You can protect your intellectual property (IP) by:
- Registering trademarks, patents, and copyrights with the Kenya Industrial Property Institute (KIPI).
- Using non-disclosure agreements (NDAs) to protect trade secrets.
- Enforcing your rights through legal action if your IP is infringed upon.
What is the process of buying or selling land in Kenya?
The process of buying or selling land in Kenya involves:
- Conducting a title search at the Ministry of Lands to confirm ownership and any encumbrances.
- Preparing a sale agreement between the buyer and seller.
- Obtaining consent from relevant authorities (e.g., Land Control Board for agricultural land).
- Paying stamp duty and other applicable taxes.
- Transferring the title deed to the new owner at the Land Registry.
What is the succession process of distributing the estate of the deceased person upon their demise?
The succession process in Kenya involves:
- Filing a petition for probate or letters of administration in the High Court.
- Publishing a notice in the Kenya Gazette to inform potential claimants.
- Validating the will (if available) or identifying legal heirs.
- Distributing the deceased’s assets according to the will or the Law of Succession Act if there is no will.
- Settling any debts and taxes before the distribution of the estate.