admin, Author at Anne Babu & Company Advocates

Conflict of interest in the workplace

Posted on 12/08/2024

Learn about workplace conflicts of interest and their implications in employment law. Discover how personal interests can compromise decision-making, breach confidentiality, and affect competitive advantage. Explore key legal cases like Ng’ang’a v Rubis Energy Kenya PLC and SBI International Holdings Ag (Kenya) v Amos Hadar, illustrating how conflicts of interest can lead to summary dismissal. Understand preventive measures such as declaration forms, whistleblowing mechanisms, and specific contract clauses designed to manage conflicts and uphold workplace integrity.

Celebrating Mastery and Growth: Nicholas Weru’s Promotion to Partner

Posted on 02/08/2024

Celebrate a significant milestone at Anne Babu & Company Advocates with the promotion of Nicholas Weru to Partner and Head of Legal. With nearly eight years of distinguished service and a strong academic background, Nicholas’s leadership and expertise reflect our commitment to excellence and growth. Join us in congratulating him and thanking our clients for their continued support.

Disclosure of investigation reports

Posted on 17/07/2024

Learn about investigation reports in employment law: their purpose, components (introduction, methodology, findings, analysis, conclusion), and the employer’s obligation to disclose them to employees facing disciplinary action for a fair hearing. Exceptions exist for sensitive information, such as whistle-blower identities, which may require redaction. Understand the legal framework and court rulings shaping disclosure rules to ensure transparency and fairness in employment disciplinary processes.

Navigating the Legal Landscape of Employee Inventions in Kenya

Posted on 13/05/2024

In the dynamic world of employment, especially within technology-driven sectors, the creation of innovative solutions and inventions often lies at the heart of progress. In Kenya, as in many jurisdictions, the rights and ownership of these inventions are governed by a complex interplay of constitutional provisions and statutory laws. Understanding the legal position on employee inventions is crucial for employers…

Employment & Labour Relations Court Digest: March 2024

Posted on 30/04/2024

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…

Navigating the Maze: Arbitration Clauses in Employment Contracts

Posted on 13/02/2024

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,…

Overview of the Social Health Insurance Act

Posted on 25/11/2023

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…

Celebrating a Decade of Workplace Justice: The Journey of the Employment and Labour Relations Court

Posted on 06/11/2023

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…

Breaking the Code of Confidentiality: Lessons from the David Namu Kariuki v. Leo Investments & Others (2022) eKLR Case

Posted on 07/03/2023

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)…

Navigating Casual vs Permanent Employment: Lessons from the Kenyatta University v Esther Njeri Maina case

Posted on 24/02/2023

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…

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