Summary of recent court decisions Fixed-term contracts; Ombewa v Ezeetec Limited (Appeal E072 of 2022) [2024] KEELRC 776 (KLR) (28 March 2024) – Where a contract of employment is pegged to the life of a project carried out by the employer, it comes to an end with the end of the project. There is no reason for an employer undertaking such…
By Nick Weru In the intricate dance of employer-employee relationships, including arbitration clauses in employment contracts has become increasingly prevalent. This strategic move aims to steer clear of the courtroom drama and embrace alternative dispute resolution. Arbitration is covered under the Constitutional umbrella of Article 159 in Kenya, which provides that Courts shall promote alternative dispute resolution mechanisms, including arbitration,…
By Nick Weru Overview & Summary: On the 17th of October, 2023, the President assented to the Social Health Insurance Act (hereinafter referred to as “the Act”), a legislative initiative to establish a comprehensive framework for managing social health insurance. This Act is intended to align with Article 43(1)(a) of the Constitution, which guarantees every individual the right to the…
By Nick Weru In a world driven by economic growth and employment dynamics, the significance of a fair and balanced workplace cannot be understated. Enter the Employment and Labour Relations Court (ELRC) of Kenya, a judicial institution that has stood as a vanguard of workplace justice for a remarkable decade. As we commemorate this milestone, let us delve into the…
Confidentiality is a crucial aspect of any employment relationship, and employees who expose confidential information belonging to their employer can face severe consequences. Employers have a legitimate need and expectation of confidentiality in order to protect their brand, and intellectual property and to stay ahead of their competition. The case of David Namu Kariuki vs. Leo Investments & others (2022)…
As the world of Employment and Labour Relations continues to evolve, it is important for employers to understand the legal distinctions between casual and permanent employment. The recent Court of Appeal decision in the case of Kenyatta University v Esther Njeri Maina (2022) eKLR serves as a reminder of the implications of not complying with these distinctions. The Respondent, Esther…
Wanjiru v Machakos University (Petition E021 of 2021) [2022] KEHC 10599 (KLR) (3 August 2022) (Judgment) The High Court at Machakos has faulted a university for using the image of a former student without her consent and awarded her Kshs 700,000/- in damages. The court held that this violated the Petitioner’s right to privacy and human dignity guaranteed by the…
The passing of Kenya’s Data Protection Act (No. 24 of 2019) (hereinafter “the Act”) on 25th November 2019 breathed life to the pre-existing right to privacy guaranteed under Article 31 of the Constitution, 2010, by providing for regulation of the processing of personal data. In the employment sphere, the Act and its subsidiary regulations set out the requirements to be…