NEARLY ONE YEAR LATER: WHAT NGOS IN KENYA NEED TO KNOW ABOUT THE PUBLIC BENEFIT ORGANISATION ACT (PBO ACT)

The Public Benefit Organisation Act (PBO) was enacted in 2013, however, there was a long wait for the commencement of the legislation. The way forward became clear when the then…

WHEN ILLNESS STRIKES: Termination of Employment on Medical Grounds Must Follow Due Process

In the recent decision of Ndung’u v Safaricom Kenya PLC Limited (Cause E6492 of 2020) [2025] KEELRC 181 (KLR), the Employment and Labour Relations Court delivered a significant judgment on…

Striking a balance between the employer’s professional oversight and employee’s right to privacy.

In the case of Thomas Mwangi Macharia v ABSA Bank Kenya PLC Neutral citation: [2024] KEELRC 2399 (KLR) the Employment and Labour relations court grappled with amongst other issues: the…

Jurisdictional limitations of the Small Claims Courts: Whether the Court has authority to Issue Declaratory Judgments?

The Small Claims Court in Kenya, established under the Small Claims Court Act, 2016, was designed to provide a forum for the quick and efficient resolution of claims involving relatively…

A STERN WARNING AGAINST THE USE OF SCHOOL BUSES FOR PRIVATE EVENTS: THE CASE OF OLD MUTUAL GENERAL INSURANCE KENYA LIMITED V BOARD OF DIRECTORS, ODER BOYS BOARDING SPECIAL SCHOOL

It is a common occurrence in Kenya for local communities to hire school buses to ferry them as they attend various private events. This, however, raises a crucial question as…

A NEW DIRECTION IN TAXATION OF BILL OF COSTS: INSIGHTS FROM THE SUPREME COURT’S LANDMARK JUDGMENT IN PETITION NO. E011 OF 2023

The recent decision by the Supreme Court in Petition Number E011 of 2023 between Kenya Airports Authority -vs- Otieno Ragot and Company Advocates has generated a heated debate in legal…

BEYOND THE VERDICT: AN IN-DEPTH LOOK AT THE HIGH COURT JUDGEMENT ON THE SOCIAL HEALTH INSURANCE ACT, PRIMARY HEALTH CARE ACT, AND DIGITAL HEALTH ACT

Introduction The Primary Health Care Act No. 13 of 2023 (“PHCA”), Digital Health Act No. 15 of 2023 (“DHA”) and Social Health Insurance Act No. 16 of 2023 (“SHIA”), (the…

High Court Clarifies the Jurisdiction of Small Claims Court in Personal Injury Cases

The High Court in Thika has clarified the jurisdiction of the Small Claims Court in personal injury claims arising from road traffic accidents. This ruling was made in the case…

AN OVERVIEW OF THE AFFORDABLE HOUSING BILL, 2023

The Affordable Housing Bill aims at giving effect to Article 43(1)(b) of the Constitution of Kenya 2010 on the right access affordable housing and provide a legal framework for access…

THE CONSTITUTIONALITY OF THE NATIONAL SOCIAL SECURITY FUND ACT, 2013: A SUMMARY AND IMPLICATION OF THE SUPREME COURT JUDGEMENT IN PETITION NO. E004 OF 2023 AS CONSOLIDATED WITH PETITION E002 OF 2023

The National Social Security Fund (NSSF) Act, 2013 was assented to by the President on 24th December 2013 and came into operation on 10 th January 2014. The Act was…