If you borrow money, you should be mindful to pay the same on time. However, life doesn’t always go as planned and you could find yourself in a position where you are unable to repay the money. In a situation where you had used security such as a house or a plot of land, the lender will exercise their statutory power of sale. This means that they will start the process of auctioning your property in order to recover the principal they gave you, as well as the interest. The law is such that at least six (6) months would have to lapse before the lender is able to auction your house. That being s ..read more

Ideally, once the parties execute the agreement and comply with all the formalities, the subject land is supposed to be transferred to the buyer. Unfortunately, like with any other contract, it is not always as straightforward. What happens in Kenya where a purchaser pays the full price yet the seller blatantly refuses to surrender the title? What remedies are available to such a purchaser? Because surely, the law must be offering some protection to innocent land purchasers? In such a case, the law deems the seller to have created a constructive trust in favour of the purchaser. A constructive ..read more

I had been working at a tea farm and I was being paid a daily wage for the last four months. A few weeks ago, my employment was terminated without notice at the end of the day as I was receiving my wage, and I was not given a reason for the termination. Do I have a recourse in law? A casual employee, according to s. 2 of the Employment Act 2007, refer to “a person the terms of whose engagement provide for his payment at the end of each day and who is not engaged for a longer period than twenty four hours at a time”. This means that a casual labourer is characterized by daily payment and a work ..read more

Could you please tell me all the Laws which relate to employment in Kenya? The labour law in Kenya is not based on a comprehensive labour code, but rather it is derived from a variety of sources for example legal or extra-legal.  Constitution The constitution is the supreme law of the land and/or is the ground norm. The supremacy of the constitution is clearly elaborated at Article 2 of the same. The Constitution also makes specific provisions for labour relations in Kenya. The Bill of Rights under Article 41 Paragraph 2 of the Constitution provides that every worker has a right to fair ..read more

I work as a sales agent. I was given a company car to drive around. The car is an automatic one. My boss discovered that I am pregnant. He decided to give me a manual car knowing very well that I can’t drive the same. I had to resign. I nevertheless feel I was put in a position where I was forced to resign. Can I succeed in court? Ruth. Ruth, congrats firstly on being pregnant. Secondly sorry that during such a time you had to go through such a challenging trial. That said Ruth , the question that you first ask yourself is this, ‘is my boss doing this to me because I am a woman or is it b ..read more

Maggie, can my employer terminate me without a notice? Esther. Esther, this is a common question that we get asked all the time. The law is very clear on this matter. The general rule is that an employer cannot fire his/her employee whenever he/she deems it necessary unless there are reasons which he/she can prove in a court of law authorizing him/her to do so. Section 41 of the Employment Act, 2007 provides that, ‘an employer shall, before terminating the employment of the employee on the reason or reasons of misconduct, poor performance or physical incapacity explain to the employee in the l ..read more

I work for a company which is currently downsizing. My colleagues who are younger are not affected, but all the old employees are. Is this lawful? Otieno. Otieno, your question falls under the issue of redundancy in Kenya. Redundancy in Kenya according to Section 2 of the Employment Act, 2007 means the loss of employment , occupation, job or career by involuntary means through no fault on the part of the employee, involving termination of employment at the initiative of the employer, where the service of an employee are no longer required by the employer. In your case, you will lose your job o ..read more

Hi Maggie, I need your help. I worked for a Salt Manufacturing Company in Mombasa. I had been working there for 9 months. My duty was to package salt into packets. I used to be paid at the end of the day.  If the job is not finished, I would be paid the following day. My employer terminated my employment last week without notice. What redress do I have in law? As you have already stated in your statement of problem above, it is my view that you may have a recourse in a court of law. The kind of employment contract you were engaged in is known as employment for Specific Task (Piece Work or ..read more