Banks, courts, registries, and embassies routinely ask for “sworn” or “notarised” documents, often at short notice. The two terms mean different things, and using the right one for the right occasion avoids a wasted trip. What is an affidavit? An affidavit is a written statement of facts sworn or affirmed before a person authorised to … Read more
A harassment complaint on your desk sets legal duties in motion, whatever your initial impression of it. How the employer responds in the first days shapes both the outcome for the individuals and the employer’s position if the matter later reaches the Employment and Labour Relations Court. The steps below outline what the law expects … Read more
A social media post, a newspaper column, or a heated public meeting can end in a courtroom. Defamation in Kenya has both criminal and civil dimensions, though the two have developed very differently in recent years. What counts as defamation? Defamation concerns statements communicated to third parties that lower a person’s reputation in the estimation … Read more
An email arrives from a customer: “send me everything you hold about me.” Data subject access requests are among the most common exercises of rights under the Data Protection Act 2019, and among the most mishandled , not from obstruction, but because no process is ready when the request lands. What follows is what the … Read more
In many Kenyan families the most valuable asset is land , and the most common disputes are about who really owns it and who may sell it. Trusts sit at the centre of many of those disputes, both as a solution and as a source of conflict when not documented properly. Can family land be … Read more
A Kenyan partner knows the market; you bring capital, equipment or technology. A joint venture can combine the two , provided the structure is written down before the first shilling moves. How should a joint venture with a Kenyan partner be structured? The two usual forms are a contractual joint venture , an agreement without … Read more
Before most commercial disputes reach a courtroom, they pass through a demand letter. Written well, one letter can achieve what months of negotiation did not; written badly, it can concede ground or inflame a matter that was close to settlement. What does a demand letter achieve? It puts the recipient on formal notice of your … Read more
A worker falls from a ladder, or a machine catches a hand. Beyond the immediate concern for the person, the employer has defined legal duties that begin at once. The Work Injury Benefits Act 2007 sets the framework, and it applies even where the employer was not at fault. This guide summarises the immediate obligations … Read more
There is no will, the funeral is done, and the family must now deal with the house, the shamba and the bank accounts. The question everyone asks , who inherits? , has a legal answer that was set out in advance, whether anyone read it or not. Who inherits when there is no will in … Read more
Accepting appointment as a trustee is more than a courtesy to family or colleagues. The role carries enforceable duties and, in some circumstances, personal liability. Anyone asked to act , or considering appointing others , should understand what the position involves. What duties does a trustee owe in Kenya? Act within the powers given by … Read more
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