On April 27, 2021 the Ag. Chief Justice Philomena Mwilu gazetted the Small Claims Court, which means that it is easier than ever to sue someone. There are two major advantages of using the Small Claims Court. The first is cost. Filing fees in this court start from as little as KES.200 and will rarely [...]
Over the past year, banks have reported several non-performing loans and several debtors have gone into distress. When considering the interest rate payable, how does the in duplum rule apply? The common law in duplum rule provides that the interest on arrears ceases to accrue once the sum of the unpaid interest equals the amount [...]
Every society needs to conduct a General Meeting annually (AGM) where audited financial reports are presented and officers are elected. Failure to hold this meeting is a criminal offence. In light of the restrictions put in place on physical gatherings, the Registrar-General of Societies gazetted an advisory on how to conduct virtual/hybrid meetings dated 12th August [...]
When a couple who shares a child or children separate, sometimes there is a tug-of-war on the children with each party considering themselves a better parent. However if the matter goes to children court, in most instances it is the mother who will be awarded custody, care and control of the children. This is why. [...]
Buying off the plan is when you sign a contract to buy a property that is yet to be built. Instead of a physical site to inspect, the developer provides plans and artistic renderings of how the completed property might look. The payment is usually done via installments spread out over a period of time. [...]
Since the onset of the COVID-19 pandemic, it's become increasingly difficult for employers to retain their original levels of staff. Employers who need to right-size their personnel should consider redundancy as a legal and fair way of reducing their workforce. The law requires that when terminating an employee on account of redundancy, the employer [...]
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