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…