How Does the Court Determine Who Gets Custody of Any Children of the Marriage?

The Marriage Act, 2014 is an Act of Parliament that sets out the law relating to marriage in Kenya. It came into force on 1 September 2014. The Act repealed the Marriage

The Small Claims Court.

StickyOctober 14, 2022Access to Justice, ADR, Blog, Digital Technology, E-Filing, Electronic Case Management, Judiciary, Kenya, SCC, SMSaccess to justice, Adjudicators, Backlog, court, Jurisdiction, Kes One Million, PDF, Small Claims Court, Subordinate CourtLawQuery

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

JUDICIARY OF KENYA E-FILING SERVICE.

StickyOctober 14, 2022Access to Justice, ADR, Alternative Dispute Resolution, Arbitration, Blog, Constitution, Digital Technology, Employment, Labour, Environment and Natural Resources, Judiciary, Kenya, Simplified Laws, SMS, USSDaccess to justice, Digital, DPP, E-Filing, human rights, ICT, Judiciary, Judiciary ICT, kenya, kenya law, Milimani, RegistryLawQuery

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

SALIENT FEATURES OF THE NHIF (Amendment) ACT 2022

StickyOctober 13, 2022Blog, Civil servants, Health, Insurance, National Health Insurance Fund, NHIF, UHCBenefits, Employers, health, insurance, Insurance Regulatory Authority, IRA, NHIF, Premiums, Private CoverLawQuery

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

REVIEW OF COUNTY ALLOCATION OF REVENUE ACT 2021

StickyOctober 11, 2022Blog, County Allocation Of revevnueAllocation, constitution, county, County Treasury, kenya law, material breach, Public Finace, RevenueLawQuery

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

ALTERNATIVE DISPUTE RESOLUTION

StickySeptember 30, 2022Access to Justice, ADR, Alternative Dispute Resolution, Arbitration, Blog, Human Rights, Kenya, Mediation, Reconciliation, Simplified Lawsaccess to justice, Arbitration, case law, constitution, human rights, mediation, online dispute resolution, ReconciliationLawQuery

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

DIVERSION

StickySeptember 27, 2022Access to Justice, Courts and Tribunals, Criminal Justice, Criminal justice, Diversion, Education, Equality, Human Rights, HUMAN RIGHTS, Kenya, Kenyaaccess to justice, constitution, criminal justice, Diversion, human rights, justice, kenya, kenya lawLawQuery

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

HATE SPEECH

StickySeptember 27, 2022Access to Justice, Amendment, Constitution, County Government, Education, Elections 2022, Elections, Political Parties, Equality, Government, HUMAN RIGHTS, Kenyaaccess to justice, constitution, hate speech, human rights, justice, kenya, kenya law, NCICLawQuery

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

Data Protection Regulations:

StickySeptember 23, 2022Big Data, Blog, Business, Data Processor, Data Protection, Data Protection Commissioner, Data Protection Regulations, Digital Lenders, Gambling Data, Government, Health Data, PrivacyLawQuery

Data Controller and Data Processor The Data Protection (Registration of Data Controllers and Data Processors) Regulations, 2021 were published by the Data Protection Commissioner in the Kenya Gazette on 14th January 2022. The

LICENCING REQUIREMENTS FOR DIGITAL LENDERS

StickySeptember 23, 2022Amendment, Blog, Business, Central Bank Of Kenya, Digital Lenders, Education, Kenya, Licencing, Other Laws, Simplified LawsLawQuery

The Central Bank of Kenya (the CBK) is now set to fully regulate digital credit providers after publishing applicable regulations – The Central Bank of Kenya (Digital Credit Providers) Regulations, 2022 (the DCP Regulations).

Members of National Assembly – Functions and Powers.

StickySeptember 21, 2022Access to Justice, Blog, Constitution, Economic Integration Of women, Education, Elections 2022, Elections, Political Parties, Kenya, National assembly, Parliamentary Procedures, Senateaccess to justice, constitution, covid19, human rights, kenya, kenya law, marriage registration, women and the lawLawQuery

The Constitution is the supreme law of the Republic of Kenya and binds all persons and all state organs at the National and County levels of Government. The legislative authority of the

International Equal Pay Day 2022: Why is Equal Pay Important?

StickySeptember 20, 2022Blog, Business, Constitution, Economic Integration Of women, Economic Integration of women, Employment, Labour, Equal Renumeration, Family, Marriage, Succession, Kenya, Land And Property, Simplified Laws, Women, Women and the Law, Youth and Genderaccess to justice, constitution, equity, gender pay Disparity, gender pay gap, International Equal Pay Day, women and the lawLawQuery

Article 27 (3) of the Constitution of Kenya, 2010 stipulates the right to equal treatment between men and women in political, economic, cultural, and social spheres. In addition to this Section 5(5)

Fuel Price crisis: How Kenya’s subsidy system works.

StickySeptember 15, 2022Blog, County Government, Fuel Crisis, Kenya, Kenya, Market forces, Presidency, Price Controls, Price Hike, SubsidyLawQuery

Fuel Price crisis: How Kenya’s subsidy system works. The Energy and Petroleum Regulatory Authority (EPRA) is established as the successor to the Energy Regulatory Commission (ERC) under the Energy Act, 2019 with an

Monarchy Powers and Rules

StickySeptember 13, 2022Blog, Family, Marriage, Succession, History, International Law, Monarchy, Other Laws, royal family, Royalty, Royalty, Women and the LawCommonwealth, England, Monarchy, Powers, Rules, successionLawQuery

The monarch is the head of state. The queen does not rule, she reigns. The government rules and as the head of state in the UK she’s required to follow the governments

AUTHORITY FUNCTIONS AND OBLIGATION OF THE PRESIDENT OF KENYA

StickySeptember 12, 2022Elections 2022, Executive, History, Presidencyaccess to justice, blog, constitution, executive, history, kenya, kenyalaw, presidencyLawQuery

Statehouse, Nairobi.

Demystifying the HIV & AIDS Tribunal

StickySeptember 22, 2021Access to Justice, Blog, Courts and Tribunals, Huma Rights, HUMAN RIGHTS, Human Rights, Human Rightsaccess to justice, HIV & AIDS, human rights, kenya lawadmin

Part 1 The Constitution, 2010, brought many changes to the 3 arms of Government. With respect to the Judiciary, the Constitution introduced the Supreme Court, the Environment and Land Court as well

Community Land Acquisition and Stakeholders’ Management in light of the newly enacted Community Land Act No. 27 of 2016

StickySeptember 14, 2021Blog, Land And Property, Land and Property Rightscommunity, land act, land law, property lawadmin

Kenyan’s recently got a window into the State’s level of frustration when President Uhuru Kenyatta’s deputy chief of staff Mr. Waita Nzioka warned that cartels out to profiteer from the implementation of

Why income from illegal activities ought to be brought within the tax bucket

StickySeptember 8, 2021Blog, Business, Taxaccess to justice, business, kenya law, tax, taxationadmin

The National Treasury has for the 2016/2017 fiscal year set an ambitious revenue collection target for the Kenya Revenue Authority (KRA). This calls for enhanced tax base and improved revenue administration processes.

The new Public Procurement Law: A shot in the arm for successful implementation of public projects

StickyAugust 30, 2021Blog, County Government, Environment and Natural Resourcesaccess to justice, human rights, kenya law, project, public procurement lawadmin

Kenya is notorious for public projects being false-starts, cost overruns on their budgets and delayed timelines. Public projects have almost been synonymous to and tagged to the infamous white elephants, gravy train

SURROGACY IN KENYA: PROLIFERATION OF HUMAN RIGHTS VIOLATIONS AS A RESULTANT EFFECT OF NON-REGULATION

StickyAugust 26, 2021Blog, Children's Rights, Constitution, Simplified Laws, Women and the Lawwomen and lawadmin

Daisy Kubasu If the progression of substantive content in Bills relating to Surrogacy as a form of Assisted Reproduction is any indication, though Surrogacy still remains a shadowed but highly controversial issue

REPRODUCTIVE HEALTH RIGHTS OF ADOLECENTS IN KENYA

StickyAugust 23, 2021Access to Justice, Blog, Children's Rights, Uncategorizedadolescents, health, reproductive healthadmin

The COVID-19 pandemic exposed the challenge of adolescent pregnancies in Kenya. The term ‘adolescent’ has been defined in the Reproductive Health Bill, 2019 as any person between the age of 10 to

ASSISTED REPRODUCTIVE TECHNOLOGY: ARE FROZEN EMBRYOS HUMAN LIFE OR PROPERTY

StickyAugust 18, 2021Blog, Constitution, Education, Other Laws, Women and the Lawhuman life, kenya, property, women and the lawadmin

Assisted Reproductive Technology (ART) is not a foreign concept in Kenya as it has been a topic of discussion for a while now. It is used to treat infertility in men and

AFRICA’S ODIOUS DEBT.

StickyAugust 12, 2021Uncategorizedafrica debt, business law, kenya lawadmin

This piece aims at addressing Africa’s odious debt in the context of International financial system and lack of effective regional and international initiatives for fighting corruption and finally explains the extent to

LESSONS FROM THE ONYANCHA CASE

StickyAugust 9, 2021Blog, Criminal Justiceconfessions, criminal law, Onyancha, rights of accusedadmin

Phillip Ondara Onyancha’s acquittal by the High Court may have been even more shocking to some than his revelations approximately 12 years ago. ‘In 2009 he admitted to the killing of 18

EMBRACING ALTERNATIVE DISPUTE RESOLUTION WHILE PROMOTING LEGAL AID.

StickyAugust 2, 2021Access to Justice, Blog, Constitution, County Governmentaccess to justice, Alternative dispute resolution, legal aidadmin

John Jakinda, Egerton University Faculty of law Abstract The Constitution of Kenya 2010 under Article 159(c) envisions a prominent role for Alternative Dispute Resolution including traditional dispute resolution mechanisms. The most common

What remedy and where an Employer and Employee can get justice.

CRIMINAL RESTORATIVE JUSTICE: THE UNDERATED ASPECTS

StickyJuly 26, 2021Access to Justice, Blog, County Government, Criminal Justiceaccess to justice, criminal justiceadmin

For quite some time, the criminal justice system turned a blind eye to the Victims of a crime and their role in the criminal proceedings was limited to testifying on behalf of

WHAT POWER DO YOU HOLD AS A VOTER?

StickyJuly 21, 2021Blog, Constitution, Uncategorizedadmin

Power of Your Vote Kenya is a very a youthful country.The median age is estimated at 19 years,and about 80 percent of Kenya’s population is below 35 years.To a very large extent,

DID YOU KNOW?

StickyJuly 16, 2021Blog, Constitution, County Governmentconstitution, kenya lawadmin

1. Role of the President Shall be the Head of State & Head of Government of the Republic of Kenya. Shall not be a member of parliament Commander-in-Chief – and will declare

KNOW YOUR RIGHTS: RIGHTS OF AN EMPLOYEE IN KENYA

StickyJuly 5, 2021Access to Justice, Blog, Business, Business, Employment, Employment, Labour, Human Rightsaccess to justice, human rightsadmin

By Brenda Nanzala Every person has the right to fair labour practices under the Constitution of Kenya, 2010. Article 41 Provides that an employee has the right to: Fair remuneration Reasonable working

RIGHTS AND FUNDAMENTAL FREEDOMS UNDER THE CONSTITUTION OF KENYA

StickyJune 30, 2021Access to Justice, Blog, HUMAN RIGHTS, Human Rightsaccess to justice, human rightsadmin

Right to Life (Article 26) Every person has the right to life The right to life prohibits the intentional killing or taking of life The right to life begins at conception, making

KNOW YOUR RIGHTS.

StickyJune 29, 2021Access to Justice, Huma Rights, Human Rights, Human Rights, HUMAN RIGHTSaccess to justice, human rightsadmin

What are Human Rights? Human rights are the basic rights and freedoms that belong to every person in the world, from birth until death. states that every person has inherent dignity and the right to

KNOW YOUR RIGHTS: RIGHT TO HEALTH, EDUCATION AND ECONOMIC SOCIAL RIGHTS

StickyJune 1, 2021Access to Justice, Business, Education, Education Institutions, Huma Rights, HUMAN RIGHTS, Human Rights, Other Lawsadmin

Did you know it is your right to live a quality life and to earn a reasonable living? You can demand these rights form the Governments( County and National) of the day!

WOMEN AND THE LAW: WHY IT IS IMPORTANT TO REGISTER YOUR MARRIAGE

StickyMay 28, 2021Access to Justice, Blog, Family, Marriage, Succession, Women and the Lawmarriage registration, women and the lawadmin

The Constitution of Kenya, Article 45, provides that the family is the natural and fundamental unit of society and the necessary basis of social order. As such, the family unit enjoys the

KNOW YOUR RIGHTS: RIGHTS TO BAIL &BOND

StickyMay 25, 2021Access to Justice, Blog, Huma Rights, Human Rights, Simplified Lawshuman rightsLawQuery

By Amakobe Sidney An arrested person has the right “to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be

CHILDREN RIGHTS

StickyMay 20, 2021Blog, Children's RightsLawQuery

WHAT ARE CHILD RIGHTS The Constitution of Kenya (Article 260) defines a Child as an individual who has not attained the age of eighteen years. Child rights are entitlements that all children

ROLE OF A PERSONAL REPRESENTATIVE (PR)/EXECUTOR OF A WILL

StickyMay 12, 2021Access to Justice, Land and Property Rightswill and other rightsLawQuery

A person who dies having made a will is called a testator. A will acts as a plan on how the property of the deceased will be distributed. In the will, the

TERMINATION OF EMPLOYMENT-Summary Dismissal

StickyApril 8, 2021Blog, Employmentdismissal, employment, kenya, summary, terminateadmin

One of the ways employment contract ends is Summary Dismissal. What is this? What are the reasons? How is it done? What next?

DIGITIZATION OF LAND TRANSACTIONS AND RECORDS IN KENYA

StickyFebruary 19, 2021Blog, Businessbusiness, kenya, Land, ministry, titleLawQuery

Land transactions and records have for a longtime been shrouded in mystery and uncertainty. With digitization the integrity and access to Lands records are improved to ease doing business in Kenya.

GUIDELINES FOR BUSINESS OPERATIONS DURING COVID 19-Grooming (Barber shops, hairdressers & beauty care)

StickyOctober 27, 2020Blog, Businessbarber, covid19, kenya, salonLawQuery

Businesses have re opened since start of COVID19 pandemic. The government has issued guidelines for each industry. See what the personal care and grooming industry are required to have in place. #Stay Safe

e-Justice: Why the Judiciary’s online service should be strengthened post Covid 19

StickyOctober 27, 2020Access to Justice, Blogaccess, court, covid19, e-justice, justiceLawQuery

The Kenya Judiciary has made some positive strides to implement e Justice during the COVID 19 pandemic. Have they done enough? is it positively impacting Access to Justice for Mwanainchi?

30Aug/23

THE RIGHT TO PROTEST: ENFORCEMENT, PROTECTION

August 30, 2023Access to Justice, Blog, HUMAN RIGHTS, Uncategorizedconstitution, human rights, police, protest, RightsLawQuery

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

23Aug/23

AVAILABLE LEGAL REMEDIES IN EMPLOYMENT

August 23, 2023Uncategorizedaccess to justice, court, employment, human rights, kenyaLawQuery

Where can an Employee and Employer expect justice? What is the potential outcome of any dispute in employment.

28Jul/23

DATA PROTECTION REQUIREMENTS OF A BUSINESS

July 28, 2023UncategorizedData, kenya lawLawQuery

What is a a business required to do to protect Data it collects from persons?