Gikera & Vadgama Advocates
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Legal Update On The Employment (Amendment) Act
The Employment (Amendment) Act, 2021 was assented by the President on 30th March 2021 and came into force on 15th April 2021. The amendment introduces a provision for pre-adoptive leave with full pay.
Change of name in Kenya
The article outlines the legal process for changing a name in Kenya, governed by the Registration of Persons Act and the Registration of Documents (Change of Name) Regulations. It notes that a child's name can be changed by application to the registry within two years of birth, and after that period must be done via a Deed Poll. Reasons for change include marriage, divorce, death, or personal preference.
Airbnb – Legal Alert
The article discusses Kenya's regulatory and tax approach to internet-based service firms like Airbnb, highlighting the introduction of a Digital Service Tax. It notes debates over whether such firms should be regulated similarly to traditional businesses or given leeway due to their innovative nature.
The Impact of the 2021/2022 Budget
The 2021/2022 Kenyan Budget Statement, themed 'Building Back Better,' proposes reforms to the pensions sector. The Cabinet Secretary for National Treasury delivered the speech on June 10, 2021, outlining changes relevant to trustees, insurers, and actuaries. Stakeholders such as scheme members and trustees are expected to be affected by the proposed reforms.
Changes to Business Laws
The article discusses recent changes to business laws aimed at simplifying business operations. The amendments focus on digitizing transactions and reducing the number of formalities and documents required. These changes are intended to make it easier for businesses to operate in Kenya.
Personal Law: Parental Responsibility
The article discusses parental responsibility under Kenyan law, citing Article 53(1)(e) of the Constitution which grants every child the right to care and protection, with equal responsibility on both mother and father regardless of marital status.
DIGITAL LENDING – Are the times right?
The article discusses the rise of digital lending by non-bank institutions, driven by advances in ICT and the use of internet and mobile-enabled platforms. It highlights the shift from conventional lending to digital lending and questions whether the current environment is favorable for such practices.
Digital Services Tax and You! Residents are now off the hook
The article discusses recent changes to Kenya's Digital Services Tax (DST), indicating that residents are now exempt from the tax. It references earlier coverage on the application of DST to various services and persons.
Legal Update on the Enactment of the Law of Succession (Amendment) Act, 2021
The Law of Succession (Amendment) Act, 2021 was signed into law by President Uhuru Kenyatta on November 17, 2021. The amendment introduces changes to inheritance rights under Kenyan law. The Act alters specific aspects of the succession framework.
Legal Update on Guidelines Under Section 12(1) of the Bribery Act 2016
The Bribery Act, 2016 mandates public and private entities to establish bribery prevention procedures. On October 7, 2021, the Attorney General, in consultation with the Ethics and Anti-Corruption Commission, issued guidelines under Section 12(1) of the Act to assist entities in preparing such procedures.
Legal Update on the Trustees (Perpetual Succession) Amendment Act 2021
The Trustees (Perpetual Succession) Amendment Act 2021 was signed into law on 7 December 2021, gazetted on 9 December 2021, and came into force on 23 December 2021. The Act amends the Trustees (Perpetual Succession) Act, updating provisions relating to the incorporation of trustees and the perpetual succession of trusts.
Digital Copyright Registration in Kenya
The article discusses copyright registration in Kenya, clarifying that copyright is the legal right of creators over their literary and artistic works, as defined by WIPO. It explores the process and significance of digital copyright registration within the Kenyan legal framework.
Can I sue a robot? – Artificial Intelligence and Legal Liability
The article explores legal liability issues arising from decisions made by artificial intelligence algorithms, focusing on how fault should be identified and apportioned, and what remedies may be appropriate when harm occurs.
Doing Business in Kenya
The article outlines common business vehicles in Kenya, focusing on companies limited by shares (private or public) under the Companies Act 2015 and limited liability partnerships (LLPs) under the Limited Liability Partnership Act 2011. It provides a brief overview of the legal frameworks for these structures.
PPPs & Pension Funds: A Budding Alliance
The Public Private Partnership Act 2021 empowers county governments to enter into PPP agreements, marking a significant shift towards greater involvement of devolved units in PPP project development and implementation.
Licensing Trends in the Hospitality Industry in Kenya
The hospitality industry in Kenya significantly contributes to employment, tax revenues, and local retail sales. Recent trends in licensing within the sector include increased regulatory oversight and new compliance requirements for hotels, restaurants, and entertainment venues. Businesses must obtain appropriate permits from both national and county governments, such as liquor licenses, food handling permits, and entertainment licenses. The evolving licensing landscape aims to enhance service standards and ensure public safety, impacting operational costs and market entry for new players.
Employment Contracts – Contract of Service
Employment contracts in Kenya are governed by the general law of contract, common law principles, the Constitution of Kenya 2010, and the Employment Act No. 11 of 2007. The Employment Act outlines fundamental employee rights and basic employment conditions. Contracts serve as the foundation for the work relationship between employer and employee, reflecting their needs and agreed terms.
Beyond “I do”: Untangling the Legal Knots of Property Ownership and Status
The article discusses property disputes that arise when marriages or partnerships end, focusing on questions of ownership, timing of purchase, and extent of contributions. Courts provide a venue for resolving such disagreements when parties cannot agree.
Recordation of IP Rights: A Proactive Approach to Preventing Counterfeiting
The article discusses how brand names create consumer expectations of quality, leading to customer retention and increased profits. However, counterfeiters exploit established brands' reputations, particularly in Africa, where counterfeit products are prevalent. The article suggests that recordation of IP rights is a proactive measure to prevent counterfeiting.
ODR: The Future of Dispute Resolution in a Digital World
The article discusses the rise of Online Dispute Resolution (ODR) as a key method for resolving conflicts in the digital age, driven by the growth of e-commerce and technology. It highlights how ODR provides efficient and accessible solutions for businesses and consumers operating across geographical boundaries. The piece emphasizes the transformative potential of ODR in adapting traditional dispute resolution mechanisms to modern digital transactions.
Diversity in Arbitral Tribunals: Where are we now?
The article examines the progress in gender diversity within arbitral tribunals, questioning whether a singular focus on gender is sufficient to meet the needs of parties. It suggests that while gains have been made, a broader approach to diversity may be necessary.
Insights into Key Aspects of Arbitration in Kenya: What You Need to Know
The article discusses Kenyan courts' rulings on disputes arising from arbitral awards, focusing on issues of process efficiency and cost justification. It highlights key legal positions established by Kenyan courts regarding arbitration. The analysis provides guidance for parties considering or currently using arbitration as a dispute resolution mechanism in Kenya.
The Show Must Go On – Why Participation in Arbitration Matters
Parties who agree to arbitration are bound to participate once a dispute arises. However, respondents sometimes refuse to accept the arbitration invocation, hindering proceedings. The article emphasizes the importance of participation in the arbitration process.
Knowledge is Power: The Importance of the Right to Access Information
This article explores the historical origins of the right to access information, tracing it back to Sweden's 1766 Freedom of the Press Act. It explains that the law granted public access to government documents to encourage informed debate and transparency. The piece underscores the enduring importance of this right for democratic participation.
Crying All the Way to the Bank – The Impact of the Finance Bill on Payslip
The Finance Bill 2023 proposes changes to Kenya's taxation regime that have been met with criticism amid ongoing economic challenges including the pandemic aftermath, protests, a weak shilling, and high living costs. The article focuses on the bill's potential effects on employee payslips.
Facing the music…
The article discusses two copyright cases involving Ed Sheeran. In 2022, he won a UK High Court case regarding his song 'Shape of You' against claims of plagiarism from 'Oh Why'. More recently, a US federal jury ruled in his favor in a case concerning his song 'Thinking Out Loud'. The article notes that music inspiration can lead to controversy and allegations of copying.
Understanding your rights in property co-ownership in Kenya
The article explains the concept of property co-ownership in Kenya, highlighting that individuals can own property either solely or jointly. Kenyan law recognizes two forms of co-ownership: joint tenancy and tenancy in common. Co-ownership may involve spouses, business partners, friends, or relatives.
Embracing the New Normal: Legal Implications of Remote Work
The article discusses the legal implications of the shift to remote work following the Covid-19 pandemic, highlighting both the benefits and challenges for employers and employees. It likely covers employment law, data protection, and other regulatory considerations arising from working from home.
Antitrust Alarm Bells – The Convergence of Intellectual Property and Market Dominance
The article discusses the intersection of antitrust law and intellectual property rights, highlighting a case where a patent was successfully revoked before the Industrial Property Tribunal. It examines the balance between promoting innovation and preventing anti-competitive practices in the context of patent rights.
Analysis of the Guidelines on Trustees’ Remuneration Policy and Schemes Expenses 2023
The Retirement Benefits Authority published Guidelines on Trustees’ Remuneration Policy and Schemes Expenses on May 5, 2023, via Kenya Gazette Notice No. 5796. The guidelines establish a framework for determining and approving trustees' remuneration and scheme expenses, clarifying permissible and non-permissible costs. They apply to sponsors, trustees, and service providers of retirement benefits schemes, aiming to promote prudent fund management and enhance transparency and accountability.
Give to Caesar what Belongs to Caesar: Tax Filings
The article uses the fable of the ants and the grasshopper to illustrate the importance of filing taxes. With Kenya's financial year ending in June, taxpayers are reminded to file their returns to avoid penalties.
From Blunders to Bonds: Construction Project Security for Employers and Contractors
The article discusses the challenges of construction project delays and highlights the role of bonds and guarantees in providing security for both employers and contractors. It explains how these financial instruments can help mitigate risks and ensure project completion.
Meeting the Lover of Your Dreams Online; What are the Legal Risks?
The article discusses the legal risks associated with online dating, including privacy concerns, potential fraud, and issues of consent. It highlights how dating apps facilitate connections but also expose users to legal pitfalls such as data breaches and criminal offenses. The piece advises users to be aware of these risks and take precautions when engaging in online romantic relationships.
Employment and Health in Kenya: What You Need to Know
The article explores the intersection of employment and health law in Kenya, emphasizing the need for balance between work demands and employee wellbeing. It notes that employers often prioritize productivity over health and aims to clarify legal measures for achieving equilibrium.
The Future of Medicine in the Palm of your Hand: Exploring Telehealth in Kenya
The article discusses the emergence of telehealth in Kenya as a modern alternative to traditional healthcare, highlighting its potential to improve access and convenience. It addresses the legal and regulatory challenges, including licensing, data protection, and the need for clear guidelines to ensure patient safety and quality of care. The piece underscores the importance of adapting laws to keep pace with technological advancements in medicine.
The Children’s Act 2022: A Leap Forward for Child Welfare
The Children’s Act 2022 updates Kenyan legislation to enhance child welfare and protection of children's rights. It introduces comprehensive measures for child care, including new provisions on adoption, foster care, and juvenile justice. The Act aims to align domestic law with international standards on child rights.
Assisted Reproductive Technology: the solution to infertility
The article discusses the social stigma and distress caused by infertility and presents Assisted Reproductive Technology (ART) as a potential solution. It examines the legal considerations surrounding ART, including its regulation and implications for family law. The piece highlights the need for clear legal frameworks to address the challenges and rights of individuals seeking fertility treatments.
Understanding Consent in Data Protection: Your Right to Control Your Information
The article discusses the importance of consent in data protection, anchored in Article 31 of the Kenyan Constitution. It highlights recent enforcement actions by the Office of the Data Protection Commissioner, including fines imposed on an educational institution in Uthiru and an entertainment establishment along Ngong Road for violating the Data Protection Act. The piece underscores the right to privacy and the consequences of non-compliance with data protection laws in Kenya.
Navigating Tech Disputes in Kenya: Emerging Trends and Local Impact
The article discusses the rapid growth of Kenya's tech sector, known as the Silicon Savannah, and the corresponding rise in legal disputes. It examines emerging trends in tech-related disputes, highlighting the need for effective legal frameworks. The piece provides an overview of the challenges faced by the industry and the role of law in addressing them.
Freedom of Media and Expression in Kenya: Navigating Legal Safeguards and Challenges
The article examines the legal protections for media and expression freedoms in Kenya, highlighting constitutional safeguards and specific laws such as the Media Council Act and the Access to Information Act. It discusses ongoing challenges including harassment of journalists, shutdowns of media outlets, and restrictive laws like the Computer Misuse and Cybercrimes Act. Positive developments are noted, such as court rulings that declared sections of the Penal Code unconstitutional. The article also addresses economic pressures and ownership concentration as impediments to media independence.
Privacy Rights in the Digital Age: What You Need to Know
The article discusses privacy rights in the digital age, focusing on Kenya's Data Protection Act of 2019, which regulates the collection, processing, and storage of personal data. It highlights the use of cookies for tracking online behavior, individuals' rights to access and correct their data, and the responsibilities of organizations to implement security measures. Challenges such as data breaches and lack of public awareness are noted, and proactive steps for protecting personal information online are recommended.
Navigating Legal Challenges in Digital Journalism Landscape
The article discusses legal challenges faced by digital journalists in Kenya, including defamation, privacy violations, online harassment, and copyright infringement. It outlines defamation defenses such as truth and fair comment, and emphasizes the need for data protection compliance and source anonymity. The piece also highlights the Whistleblower Protection Bill, 2023, and risks of using third-party content without permission.
Navigating Kenya’s Media Landscape: Adapting Legal Frameworks to Emerging Technologies
Kenya is updating its legal frameworks to address challenges posed by emerging technologies such as AI and VR in the media sector. Existing laws like the Data Protection Act and the Computer Misuse and Cybercrimes Act are deemed insufficient to regulate AI algorithms, VR content, and related issues including data privacy, intellectual property, and bias. The article proposes proactive regulatory approaches including continuous stakeholder engagement, regional collaboration, and a rights-based framework.
The Implications of the Supreme Court’s Ruling on the NSSF Act 2013
The Supreme Court ruled that the Employment and Labour Relations Court (ELRC) had jurisdiction to determine the constitutionality of the NSSF Act 2013, overturning the Court of Appeal's decision. The case was remitted to the Court of Appeal for redetermination. Consequently, the ELRC's 2022 declaration that the NSSF Act 2013 is unconstitutional remains in effect, halting mandatory 12% contributions and registration under the Act.
Regulatory Framework for Diaspora Remittance in Kenya
The article outlines Kenya's regulatory framework for diaspora remittances, covering the Kenya Diaspora Policy 2024, licensing under the Money Remittance Regulations, anti-money laundering requirements under POCAMLA and the AML Act, data protection obligations under the Data Protection Act 2019, and foreign exchange regulations. Remittance service providers must obtain licenses, implement AML policies, protect personal data, and comply with CBK guidelines. Penalties for non-compliance include fines and imprisonment. The framework aims to facilitate remittances while mitigating risks.
Insights into Exchange Rates and Foreign Exchange Regulations in Kenya
The article discusses foreign exchange regulations in Kenya under the Central Bank of Kenya (CBK) Act, including licensing requirements for authorized dealers and foreign exchange bureaus. It highlights the CBK's Foreign Exchange Control Code (FX Code) aimed at fostering a transparent and liquid forex market, with compliance deadlines for market participants. The article also notes the role of authorized dealers and the CBK's oversight, including anti-money laundering and counter-terrorist financing measures.
Leveraging International Agreements for Diaspora Remittances in Kenya
The article examines the role of international agreements in facilitating diaspora remittances for Kenya, noting a 9% increase in inflows to USD 4,380 million year-on-year as of March 2024. It outlines how initiatives like the AfCFTA, BITs, and RECs can reduce transaction costs, enhance financial inclusion, and create investment opportunities, though Kenya lacks formal bilateral remittance agreements. The piece concludes that strategic use of these frameworks could further optimize remittance flows and economic integration.
The Finance Bill 2024: Proposed Changes and their Implications on Pensions and Pension Schemes in Kenya
The Finance Bill 2024 proposes increasing the tax-deductible limit for employee pension contributions from Kshs. 20,000 to Kshs. 30,000 per month, and similarly for non-members. It also removes tax exemption for registered trust scheme income, subjecting it to a 30% tax rate. Additionally, the bill expands tax-exempt pension income to include benefits paid upon retirement, early retirement due to ill health, or withdrawals after 20 years of membership.
The Power of a Name: Navigating Parental Changes on Kenyan Birth Certificates
The article discusses the legal process for adding or removing a parent's name on a child's birth certificate in Kenya. Adding a name requires an application to the Registrar with proof of parentage, while removal necessitates a court order supported by evidence like DNA tests. Judicial precedents such as In re Baby LWW and re Removal/Rectification of DG illustrate the courts' approach. The changes have significant implications for parental rights, responsibilities, inheritance, and citizenship.