Wacu Mureithi & Co. Advocates
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Business Formation & Structuring - Wacu Mureithi & Co. Advocates
The article explains that business formation and structuring advisory services are provided for founders, SMEs, and investors. It covers various business structures such as sole proprietorships, private limited companies, LLPs, and trusts. The firm advises on ownership structures, governance, and long-term planning to reduce liability and support growth. Proper structuring is emphasized for operational stability, investment readiness, and succession.
Lawful Termination of Employees in Kenya - Wacu Mureithi & Co. Advocates
The article outlines the legal requirements for terminating employees in Kenya under the Employment Act 2007. Employers must have a valid reason (substantive justification) such as misconduct, poor performance, or redundancy, and must follow a fair disciplinary process (procedural fairness) including investigation, show cause, and hearing. Failure to meet either requirement can render termination unlawful, even if commercially justified.
LLP Agreements in Kenya: What to Include - Wacu Mureithi & Co. Advocates
The article explains the importance of well-drafted LLP Agreements in Kenya, covering the legal framework under the Limited Liability Partnerships Act, common causes of partnership disputes (e.g., unequal contributions, unclear authority, informal withdrawals), and key clauses to include such as capital contributions, profit sharing, and management authority. It emphasizes that generic templates often fail to address real business risks and that a customized agreement is essential for governance and dispute prevention.
Redundancy in Kenya - Wacu Mureithi & Co. Advocates
The article explains redundancy under Kenyan law, focusing on the strict procedural requirements of Section 40 of the Employment Act. It outlines genuine reasons for redundancy (financial difficulties, restructuring, automation), mandatory steps including notification and consultation, and the importance of fair selection criteria. The article warns that redundancy cannot be used to circumvent disciplinary processes or target specific employees. It highlights that non-compliance can lead to costly claims in the Employment and Labour Relations Court.