by Quincy KiptooCOMPREHENDING REDUNDANCY IN EMPLOYMENT LAW – KENYA
“Fairness in all forms of termination is the staple of labour law”- Anon By Quincy Jesse Kiptoo LL.B. (Hons), CPM, Dip in Law The word Redundancy is cited an aggregate of nine (9) times in the Employment Act 2007. It is defined as the loss of employment, occupation, job or career by involuntary means through no fault of an employee, involving termination of employment by the initiative of...
by Quincy KiptooTHE PROVINCE OF THE LABOUR OFFICER
By Quincy Jesse Kiptoo LL.B. (Hons), CPM, Dip in Law The Labour Officer is, no doubt, a creature of the law. The office was established as a reporting mechanism for employees against rogue employers. The office issues summons only to give recommendations. Is the Labour officer toothless? This paper shall locate the place and importance of the labour officer in the Kenyan legal landscape. Prior...
by Quincy KiptooThe Language of Judicial Judgments
By Quincy Jesse Kiptoo LL.B. (Hons), CPM, Dip in Law “For by your words, you will be acquitted and by your words you will be condemned” Anon. Following the decision of the Supreme Court of Kenya in the presidential petitions of 2022, there have been numerous criticisms about the language used by the Court in the abridged version of their judgment. The complaints express that the choice of...
by Quincy KiptooCivil Appeal Number 80 of 2017 Case Brief : Basil Criticos -vs- National Bank of Kenya (as the successor in Business to Kenya National Capital Corporation Limited “Kenyac”) and Kenya National Capital Corporation
By Quincy Jesse Kiptoo LL.B. (Hons), CPM, Dip in Law In the year 1991, Basil Criticos (the Appellant/Guarantor) was a director and shareholder of a company called Agro Development Company. The Company borrowed the sum of Ksh. 20,000,000 from Kenya National Capital Corporation Limited (KENYAC) with interest at the rate of 19% per annum, and with discretion to the bank to vary the rate of...
by Quincy KiptooCase Brief: Peter Mwau Muinde and another -vs- Insurance Regulatory Authority and 2 others.
By Quincy Jesse Kiptoo LL.B. (Hons), CPM, Dip in Law Case Brief: Peter Mwau Muinde and another -vs- Insurance Regulatory Authority and 2 others. Peter Mwau Muinde and another filed a Petition in Court seeking a declaration that the Insurance Regulatory Authority and Invesco Assurance Limited had violated their rights and that they should be ordered jointly and severally to settle all...
by Quincy KiptooCase Brief: Joseph Kagunya -vs- Boniface K. Mulli & 3 others [2018] eKLR
By Quincy Jesse Kiptoo LL.B. (Hons), CPM, Dip in Law Joseph Kagunya -vs- Boniface K. Mulli & 3 others eKLR Judgment Written by Gitumbi and delivered by Justice Eboso On 10th February 1992, Joseph was alloted Plot No. 277 Jamhuri Phase II now known as Nairobi/Block 63/301. He was alloted the land by the by the Nairobi City Commission, now the Nairobi City County Upon allotment, he paid the...
by Quincy KiptooCASE BRIEF : Musk Deer Limited -vs- Benjamin K. Kipkurui & another [2018] eKLR
By Quincy Jesse Kiptoo LL.B. (Hons), CPM, Dip in Law Prior to an incident that happened on 16th June, 2007, Benjamin K. Kipkurui (1st respondent) may have thought he was the absolute registered proprietor of a property comprised in a Title registered at the Lands Titles Registry, Mombasa as C.R. 21127. Not before the Municipal Council of Mombasa (2nd respondent) purported to send auctioneers...
by Quincy KiptooTHE JURISDICTION OF THE RENT RESTRICTION TRIBUNAL
By Quincy J. Kiptoo and Tabitha Ayiera “Jurisdiction is everything. Without it, the Court has no power to make one more step. A Court lays down its tools in respect of the matter before it the moment it holds the opinion that it is without jurisdiction” Justice Nyarangi in the case of Owners of Motor Vessel Lillian S -vs- Caltex Kenya 1989 eKLR 1. The Black’s Law Dictionary defines...
by Quincy Kiptoo