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Recent Articles

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20 things every female employee & employer in Kenya should know

  2 weeks ago

This article highlights key points that women in the workplace need to know.

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Posted by Anne Babu

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How to Register a Trade Union in Kenya

  4 weeks ago

This article looks at the intricacies of trade union registration in Kenya

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Posted by Anne Babu

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2018 Minimum Wage Order

  1 month ago

A minimum wage increase was announced last year but the wage order was not released until 8th January 2019. Many people were wondering why it was taking so long to gazette the new wage order. …

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Posted by Anne Babu

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How to settle the terminal dues of a deceased employee

  1 month ago

This articles examines how to deal with terminal benefits and other moneys owed to a deceased employee.

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Posted by Anne Babu

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How to distinguish between a consultant and an employee

  2 months ago

To determine whether one is a consultant or an employee, the Court will give greater emphasis to the substance of the agreement as opposed to the form or the words used by the parties to refer to the nature of their arrangement.

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Posted by Anne Babu

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How to legally tackle Harassment at work

  2 months ago

Happy New Year!!! I got very concerned late last year when I was consulted by about 3 people separately on issues that were substantially similar relating to harassment at work by their bosses. I purposed …

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Posted by Anne Babu

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Resign before you are fired

  4 months ago

Introduction It is quite common for an employee who is faced with investigations, interdiction or disciplinary proceedings to resign in order to avoid adverse action such as dismissal which could also result in loss of …

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Posted by Anne Babu

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You don’t need a union to strike

  5 months ago

Introduction The right to strike is guaranteed under Article 41(2)(d) of the Constitution. The provision provides that: – ‘Every worker has the right to go on strike.’ The spirit under this provision is clear, open …

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Posted by Anne Babu

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How the National Housing Development Fund affects you.

  5 months ago

We now have a new contribution/deduction to look forward to – the National Housing Development Fund.

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Posted by Anne Babu

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NHIF – what you need to know

  6 months ago

What you need to know about NHIF.

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Posted by Anne Babu

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Importance of following internal procedures in the termination process

  8 months ago

This article examines the importance of following internal procedures in the termination process.

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Posted by Anne Babu

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Withdrawing an offer of employment

  9 months ago

It happens more frequently than you think. This article examines two cases on the subject. The facts in FMM vs BCL [2018] eKLR were that; The Claimant successfully applied for a job with the Respondent. …

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Posted by Anne Babu

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Mothers & Employment

  10 months ago

Is there a duty to disclose a pregnancy when interviewing for a job? Termination of expectant employees and much more.

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Posted by Anne Babu

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Legal position on gratuity

  11 months ago

Definition Gratuity is a monetary gift from an employer to an employee. It is a gratuitous pay and is, by its very nature, discretionary. Payment of a gratuity and the applicable terms and conditions are …

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Posted by Anne Babu

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Voluntary Early Retirement

  11 months ago

This article looks at the legal aspects of a voluntary early retirement exercise.

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Posted by Anne Babu

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Work permits in Kenya

  11 months ago

There has been a lot of interest in this subject since CS Matiangi’s announcement on Friday last week where foreigners were given 60 days to regularize their work permits. Pain points The following pain points have …

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Posted by Anne Babu

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When the employee is wrong & the stipulated termination procedure is not followed

  11 months ago

What is the legal position regarding a situation where the employee is wrong & yet the stipulated termination procedure is not followed?

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Posted by Anne Babu

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Redundancy dos and donts

  11 months ago

Redundancies have been quite common in today’s economy. This article looks at a recent case with the view of extracting relevant principles on the subject. We will study the case of Barclays Bank of Kenya …

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Posted by Anne Babu

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Join us on Twitter

  1 year ago

Enjoy a daily dose of employment law.

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Posted by Anne Babu

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Compulsory leave in Kenya

  1 year ago

This article tackles the legal issues surrounding compulsory leave in Kenya.

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Posted by Anne Babu

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Employing domestic workers; what you need to know + template contract

  1 year ago

The topic of domestic workers is one of the most searched. This post is here due to public demand!

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Posted by Anne Babu

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Volunteers and Labour Law

  1 year ago

Do volunteers have rights under the Employment Act, 2007.

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Posted by Anne Babu

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Reinstatement to employment

  1 year ago

This post addresses the legal position regarding reinstatement as a remedy for unfair termination.

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Posted by Anne Babu

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How long should one be employed in an acting capacity?

  1 year ago

This article tackles questions surrounding the concept of employment in an acting position.

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Posted by Anne Babu

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Is there any relief for an employer who does not follow the stipulated termination procedure?

  2 years ago

There is a way out for employers who fail to follow the stipulated termination procedure.

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Posted by Anne Babu

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Expatriates and statutory deductions

  2 years ago

This article examines the legal position regarding payment of PAYE, NSSF and NHIF by expats.

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Posted by Anne Babu

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Foreign contracts of service

  2 years ago

This article examines the legal requirements for foreign contracts of service.

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Posted by Anne Babu

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Employment termination notices

  2 years ago

This article looks at the intricacies of termination of employment by giving notice or pay in lieu.

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Posted by Anne Babu

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What does the law say about Interdiction?

  2 years ago

Questions surrounding interdiction are very commonly asked. This article is dedicated to answering your questions on what interdiction is and how it is lawfully applied.

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Posted by Anne Babu

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Minimum wage & New Bills

  2 years ago

The article looks at important facts about minimum wage as well as Bills before parliament that touch on working mothers.

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Posted by Anne Babu