Insights

2026 2 insights

When Restructuring Falls Short

August 2026

The ELRC's decision in Otega v Nokia Solutions and Network Branch Operations Branch OY, Kenya reaffirms that while employers have the right to restructure, restructuring alone does not justify redundancy. Employers must show a genuine operational basis and comply with the substantive and procedural requirements of the Employment Act, 2007.

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2025 12 insights

The Privatization Act 2025 Analysis

October 2025

This act repeals the previous legislation that had been declared unconstitutional by the High Court. The new Act establishes a revised framework aimed at enhancing efficiency, competitiveness and economic growth.

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Chege Vs Timsales LTD

October 2025

The relevant background to this litigation is that in July 2018, the respondent's employees demanded payment of their salary which had been delayed since June 2018.

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Finance Bill 2025 Analysis

May 2025

The Kenya Finance Bill 2025 (the Bill) outlines a series of proposed changes that could significantly impact the tax obligations for both individuals and businesses across various sectors.

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Lights.. Camera.. Lawsuit?

April 2025

On 22nd January 2025, the Office of the Data Protection Commissioner (the ODPC) issued a determination against a hotel for the unauthorized commercial use of photographs taken during a private wedding at its premises.

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A Brief of the Virtual Asset Service Providers Bill

April 2025

The Virtual Asset Service Providers Bill, 2025, is a legislative Bill proposed and spearheaded by Kenya's National Treasury and Economic Planning aimed at establishing a comprehensive framework for regulating virtual asset service providers (VASPs) within Kenya.

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2024 3 insights

Constructive Resignation

September 2024

We set sail into the new jurisprudential waters with the emerging concept of constructive resignation - where the employee leaves the employer with no choice but to conclude that they chose to voluntarily call it quits.

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