
Step by Step Guide to Subdvision of Land in Kenya
Agnetah Muli LL. B, KSL Dip. What is Subdivision? The process of subdivision involves the division of land into two or more parcels. The purpose is to split a parcel of land into smaller ones either for resale, for purposes of inheritance, for easy development or if one wishes to maximize on the available space. What is the step by step procedure of land subdivision in Kenya? The process...
COMPREHENDING 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...
THE 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...
The 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...
AIDA ATIKU VERSUS CENTENARY DEVELOPMENT BANK LIMITED CIVIL SUIT NO. 0754 OF 2022 (HIGH COURT OF UGANDA)
By Boaz Kaawe LL.B. (Hons), Bar Candidate (2022) BRIEF FACTS: On 2nd January 2020, Aida Atiku opened up a personal savings account at Centenary Bank and deposited UShs.56, 320,000. She then made one withdrawal of UShs. 700,000 on the 13th January, 2020. When she went to the bank to withdraw the rest of the money on the 27th August 2020, she was shocked to learn that her account had zero...
Civil 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...
Review of the Sustainable Waste Mangement Bill 2021
Sustainable Waste Management Bill/Act Review By Ian Njathi Ngugi(LL.M, LL.B, KSL Dip) The Sustainable Waste Management Bill is a breath of fresh air in the sense that for a long time the issue of waste management was left to the county councils and as such it was not dealt with on a national level. The Act comes to address systemic issues that have long plagued collection and separation of...
Peter John Kahia (suing as personal representative of the estate of the late Willingstone Kahia Njuguna) -vs- Stephen Kanyiaru Baceri & 2 Others (2018).
By Tracy Jebet LL.B.(Hons) Facts. The late Willingstone Kahia whose estate is being represented in this case included a piece of land known as GATAMAIYU/KAGAA/62 measuring 0.20 Acres. Willingstone Kahia purchased the property on 22nd November, 1961. Immediately after purchase he sought to divert the road that passed through the land. Consequently, the late Willingstone took measures to divert...
Case 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...