Labour Court Process Kenya: From Complaint to Conciliation – An Executive’s Guide
Read more: Labour Court Process Kenya: From Complaint to Conciliation – An Executive’s Guide· Navigating Kenya’s Labour Court: From Complaint to Conciliation – Your Executive Guide to Formal Dispute Pathways Facing unfair termination can be a profoundly unsettling experience for any executive. While initial attempts at negotiation are often the first step, there comes a point when a more formal approach is necessary. In Part 2, we explored…
Severance Negotiation Kenya: 5 Strategic Steps to Maximize Your Exit Package
Read more: Severance Negotiation Kenya: 5 Strategic Steps to Maximize Your Exit Package· Facing the prospect of termination, particularly as a senior executive in Kenya, can feel like navigating a minefield. Many believe their employment contract is the sole determinant of their exit terms. However, a strategic approach to severance negotiation in Kenya requires looking beyond the signed agreement. It involves meticulous documentation, understanding your legal standing,…
Unfair Dismissal Kenya: 5 Critical Traps Executives Must Avoid
Read more: Unfair Dismissal Kenya: 5 Critical Traps Executives Must Avoid· The Hidden Traps of Termination: What Executives Miss Before Unfair Dismissal Strikes in Kenya For many senior executives in Kenya, the belief persists that a robust employment contract offers an impenetrable shield against arbitrary termination. This assumption is a significant oversight. When facing the prospect of losing a high-stakes position, critical legal blind spots…
Can my ex-boss stop me from joining a competitor? Non-compete Clauses Kenya
Read more: Can my ex-boss stop me from joining a competitor? Non-compete Clauses Kenya· Have you ever felt trapped in a toxic, dead-end job, terrified to leave because of a restrictive document you signed when you were desperate? Many employees in Kenya sign employment agreements without realizing they might have agreed to harsh restraint of trade terms that supposedly block them from moving to a competitor. If you…
Intellectual Property ownership Kenya: 5 Legal Rules for App Founders
Read more: Intellectual Property ownership Kenya: 5 Legal Rules for App Founders· Imagine paying KES 1.5 million to a software developer in Westlands to build your new e-commerce app. The launch goes well, users are signing up, and you are ready to pitch to venture capitalists in Nairobi. Then, you ask the developer for the raw source code to host it on your own server. He…
Redundancy process Kenya: 5 Reasons the Performance Trap Fails
Read more: Redundancy process Kenya: 5 Reasons the Performance Trap Fails· Downsizing Many Kenyan employers view downsizing as a convenient “silver bullet” to remove underperforming staff without the friction of a Performance Improvement Plan (PIP). It seems cleaner on paper. You eliminate the role, pay the severance, and move on. However, the Employment and Labour Relations Court (ELRC) is increasingly eagle-eyed about this tactic. When…
The hidden danger of waiting for the final decision
Read more: The hidden danger of waiting for the final decision· The hidden danger of waiting for the final decision Most businesses assume the legal clock starts when the final decision is made. In public procurement, that assumption can destroy an otherwise serious challenge. A recent Court of Appeal decision makes the point plainly. A bidder raised concerns about what it believed was an irregularity…
The ODPC is Watching: Capital Sacco Faces Enforcement Without a Single Customer Complaint
Read more: The ODPC is Watching: Capital Sacco Faces Enforcement Without a Single Customer Complaint· The Regulator is No Longer Waiting for Complaints In a recent determination against Capital Sacco Limited, the Office of the Data Protection Commissioner (ODPC) proved it will not wait for the public to report privacy violations. On March 24, 2025, the ODPC opened an investigation into the SACCO entirely on its own initiative. The…
When “Stop” Means Stop: ODPC Fines Nairobi Water KES 250,000 for SMS Spam
Read more: When “Stop” Means Stop: ODPC Fines Nairobi Water KES 250,000 for SMS Spam· The ODPC’s Clear Message The Office of the Data Protection Commissioner (ODPC) recently drew a hard line on unwanted text messages. In the case of Gachiri Ndungo v Nairobi City Water & Sewerage Company, the regulator ruled that organizations cannot continue messaging individuals who have explicitly asked them to stop. The decision proves that the…
That Quick Email Forward Just Cost KES 262,500: The Hidden Danger of Sharing Customer Data
Read more: That Quick Email Forward Just Cost KES 262,500: The Hidden Danger of Sharing Customer Data· That Quick Email Forward Just Cost KES 262,500: The Hidden Danger of Sharing Customer Data You receive a promising CV and forward it to a partner. You pass a warm sales lead to a trusted vendor. You send a client intake form to an external consultant. It happens hundreds of times a day in…