The holder of a Debenture created prior to the coming into effect of the Insolvency Act (Act No.18 of 2015) (the Act) qualifies to appoint an Administrator under the provisions of section 534 of the Act

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In Re: Arvind Engineering Limited ML HC IP No. 03 of 2019 [2019] eKLR the High Court held that the holder of a debenture whose instruments empowered them to appoint a Receiver-manager under the Repealed Act is deemed to have powers to appoint an administrator under the Insolvency Act 2015, section 534 as the powers and functions…

Employees on probation have a right to fair administration action and a right to fair hearing: Section 42(1) Of the Employment Act 2007 is unconstitutional

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In the Employment and Labour Relations Court in Nairobi Petition number 94 of 2016 Monica Munika Kibuchi & 6 Others vs Mount Kenya University & Another, the Court declared that Section 42(1) of the Employment Act which excludes application of section 41 when terminating probationary contracts to be unconstitutional.

Legislative power in this country belongs in the sharing hands of two Houses-National Assembly cannot preclude the senate in legislation

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The Court of Appeal nullified 23 Acts of Parliament for being unconstitutional in a move that aimed to solidify the constitutional necessity for concurrence between both houses of Parliament in compliance with Art5icle 11(3) of the Constitution of Kenya (2010) in the judgement of Senate of the Republic of Kenya & 4 others v Speaker of…

No automatic right of appeal lies to the Court of Appeal against the High Court’s decision on an application seeking to set aside an arbitral award

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The Supreme Court of Kenya, on Friday 6th December 2019, circumscribed a narrow jurisdiction for the Court of Appeal, to be where the High Court makes a manifest error of law. In its judgment in Nyutu Agrovet Limited v Airtel Networks Kenya Limited; Chartered Institute the Court observed that a party aggrieved by the decision…