The Constitution of Kenya is the pillar of the right to demonstrate, picket, assemble, and present petitions to public authorities. This is provided for under Article 37. However, as the US Supreme Court Judge Justice Oliver Wendell Holmes, Jr. observed, “The right to swing my fist ends where the other man’s nose begins;”[1] The right under Article 37 has a rider that a person enjoying that right should be unarmed and that the process should be peaceful. This article shall highlight the foundation of the right to picket and protest, the duties of all the parties involved, and the legacy of the ..read more

LEGAL REMEDIES IN EMPLOYMENT In Kenya, workers have several legal options at their disposal if they disagree with their Employers. These remedies are derived from several laws and rules, including the Director of Occupational Health Services Act, Employment Act, Fair Administrative Action Act, Employment and Labor Relations Court, and Work Injury Benefits Act. LEGAL FRAMEWORK 1. Employment Act: This Act provides for the rights of employees, obligation and rights of Employers and regulates the general conditions of employment. 2. Fair Administrative Action Act:[1] If a public authority acts unf ..read more

Data Protection requirements are mainly provided for in the Data Protection Act of 2019. In the Act data handlers are to be referred to as Data Controllers or Processors. Data Controllers are defined as natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purpose and means of processing of personal data.[1] Data Processors on the other hand are defined as a natural or legal person, public authority, agency or other body which processes personal data on behalf of the data controller. For the purpose of this research a business could ..read more

Introduction The Small Claims Court is established by the Small Claims Act 2016. This is a subordinate court in the structure of the court system in Kenya under Article 169 (1) of the Constitution with a monetary jurisdiction of matters not exceeding Kes One million (Kes 1000,000). Small courts are established as part of an initiative to improve the ease of doing business in the country. The courts are projected to reduce backlog of cases by having disputes resolved through simple, inexpensive and expeditious procedures, thus enhancing access to justice. The main objective of the court is to g ..read more

 The Practice Directions on Electronic Case Management were gazetted on 24th March 2020 through Kenya Gazette Notice No. 2357 under the Civil Procedures Act. The system, which was developed by the Judiciary Information Communication Technology (ICT) Directorate. The system was officially launched in July 2020 by the then Chief Justice David Maraga together with the Office of the Director of Public Prosecutions. The use of digital technology thus proved to be a crucial innovative solution to ensuring service delivery in the face of the corona virus pandemic. The outbreak of the COVID ..read more

Introduction On 10th January 2022, H.E President Uhuru Kenyatta signed into law the NHIF (Amendment) Act, 2022 with a commencement date of 28th January 2022. This was to notify members (Both employers and Employees) that the title of the Principal Act had now been amended to read the National Health Insurance Fund which establishes a Management Board. Further to this, the term employer was expanded to include ANY “company” that has entered into a contract of employment with an individual. Highlights and key areas to note: 1. Beneficiaries Under the amended Act, beneficiaries now include a pers ..read more

The principal purpose and objective of the Public Finance Management Act, 2012 was to ensure that public finances are well managed at both the National and the County levels of Government in accordance with the principles set out in the Constitution. The major aim was to facilitate effective and efficient use of public resources. Ensuring public officers mandated with managing finances are accountable to the public for the management of those finances through both Parliament (National Assembly and the Senate) and County Assemblies. We highlight some of the notable amendments that have bee ..read more

A CASE FOR MEDIATION AND ARBITRATION The Constitution of Kenya under Article 159 encourages use of alternative forms of dispute resolution including reconciliation, Mediation, Arbitration and traditional dispute resolution mechanisms. Mediation and Arbitration are convenient and popular methods to resolve a dispute. In Mediation, two people in opposition to each other are able to work out their differences themselves, with the help of a neutral third person (Mediator). In Arbitration, an Arbitrator listens to both sides of an argument, and then makes a decision for the disputing people. Both m ..read more

ELIGIBILITY AND PROCESS WHAT IS DIVERSION? It is a process of disposing cases without trial particularly cases of children in conflict with the law. LEGISLATIVE RATIONALE  The Constitution of Kenya, 2010 promotes alternative forms of dispute resolution such as reconciliation and traditional dispute resolution and empowers Director of Public Prosecutions to discontinue criminal proceedings at any stage before judgment is delivered.[1] The Constitution adopts general rules of international law and treaties ratified by Kenya as part of the law of Kenya. The international community recognizes ..read more

Hate speech is any kind of communication in speech, writing or behavior that attracts or uses pejorative of discriminatory language with reference to a person or a group on the basis of who they are, in other words, based on their religion, ethnicity, nationality, race, colour, descent, gender or other identity factor. Hate Speech is rooted in INTOLERANCE and HATRED and can be DEMEANING and DEVISIVE.  There is no place for hate speech in a democratic and law abiding society.  This however is viewed by many people as an interference or limitation of freedom of speech that is protected ..read more