Arising Legal Issues and Political issues in Kenya/Globally

Employment disputes in Kenya can be resolved through various methods, depending on the nature and complexity of the dispute. Here are several approaches to solving employment disputes in Kenya: 1.  Alternative Dispute Resolution (ADR):  Parties can voluntarily choose alternative dispute resolution methods, such as negotiation, mediation, or arbitration, to resolve their disputes outside the formal court system. 2.  Negotiation: Often, disputes can be resolved through informal discussions between the employer and employee. Both parties can engage in open and constructive dialogue to find mutually acceptable solutions. 3. Mediation: Mediation is a voluntary and confidential process where a neutral third party (the mediator) assists the parties in reaching a settlement. Mediation can be particularly effective for resolving disputes without the need for formal legal proceedings. 4 . Arbitration: Arbitration is a more formal process where a neutral arbitrator listens to both sides of the

  PROCESS OF CREATING A TRUST IN KENYA INTRODUCTION In Kenyan law, a trust is a legal arrangement where one party, known as the settlor, transfers ownership of assets to another party, the trustee, who manages these assets for the benefit of a third party, the beneficiary. The terms and conditions of this arrangement are typically outlined in a trust deed, which is a legally binding document. The Trustees (Perpetual Succession) Act , provides the framework for the creation and management of trusts in Kenya. This Act defines various types of trusts, including charitable trusts, non-charitable purpose trusts, and family trusts. Creating a trust in Kenya involves several steps. Here’s a detailed guide to help you through the process: 1.          Determine the Type of Trust : ○         Decide whether you want to create a family trust, charitable trust, or another type of trust. Each type has specific requirements and benefits. 2.          Draft a Trust Deed : ○         Engage a

Doing business in Kenya requires compliance with various laws and regulations to ensure that your business operates legally and ethically. Here are key aspects of business and the law in Kenya: 1. Business Registration: To start a business in Kenya, you need to register it with the Business Registration Service (BRS). The most common types of business entities in Kenya include sole proprietorships, partnerships, limited liability companies, and branches of foreign companies. 2. Taxation: Understanding and complying with Kenya's tax laws is crucial. This includes registering for taxation, filing tax returns, and paying taxes, such as income tax, value-added tax (VAT), and withholding tax. 3. Employment Law: If you plan to hire employees, you must adhere to Kenya's labor laws, which govern issues like employment contracts, working conditions, minimum wages, and termination procedures. 4. Intellectual Property: Protecting intellectual property rights is essential. Register tradem

Have you ever been involved in a  road accident, you are entitled to compensation for any injuries incurred. A “running down” injury claim typically involves seeking compensation for injuries sustained in a motor vehicle accident due to another party’s negligence. Here are the general steps to file such a claim: Seek Medical Attention : Immediately after the accident, get medical help. Document all injuries and treatments as these records will be crucial for your claim. Report the Accident : Notify the police and file an accident report. This report will serve as an official record of the incident. Gather Evidence : Collect evidence from the accident scene, including photos, witness statements, and any other relevant information. This helps establish the facts of the case. Notify Your Insurance Company : Inform your insurance company about the accident. Provide them with all necessary details and cooperate with their investigation. Consult an Attorney : It’s advisable to consult with a

Mediation can be an effective solution to long and tiresome court proceedings in Kenya, as it offers several advantages: 1. Speed: Mediation typically resolves disputes more quickly than court litigation, which can be notorious for delays and backlog. 2. Cost-Effective: It can be more affordable since it avoids the high legal fees associated with court cases. 3. Informal Process: Mediation is a less formal and adversarial process, making it more conducive to finding mutually acceptable solutions. 4. Control: Parties have more control over the outcome, as they actively participate in crafting the resolution. 5. Privacy: Mediation is confidential, which can be particularly important in sensitive cases. 6. Preservation of Relationships: It can help maintain relationships, which may be strained in a court battle. However, successful mediation depends on the willingness of parties to cooperate and compromise. Additionally, not all cases are suitable for mediation, especially those i

Divorce in Kenya Kenya uses a fault-based divorce system. To divorce, two people must prove the other spouse's marriage fault. Kenya does not recognize consent-based divorces. The objective of this article is to inform and expand the reader's knowledge on the  process and practicability of divorce in Kenya. Divorce in Kenya is governed by the Kenyan Marriage Act, the Matrimonial Property Act, and other related laws and case laws. Here are some key points to consider regarding divorce in Kenya: 1. Grounds for Divorce: Under Kenyan law, there are several grounds on which a person can file for divorce. These include adultery, cruelty, desertion, irretrievable breakdown of the marriage, and more. Adultery and cruelty are the most commonly cited grounds. 2. Jurisdiction: To file for divorce in Kenya, either spouse must be a Kenyan citizen or must have been domiciled in Kenya at the time of filing. Have been resident in Kenya for at least two years preceding the filing of the divorc

  Choosing beneficiaries for your charitable trust Introduction Choosing beneficiaries for your charitable trust is a crucial step that requires careful consideration. Here are some key factors to guide you through the process:   1.         Identify Your Goals : ○        Determine the primary objectives of your charitable trust. Are you looking to support a specific cause, community, or organization? Clearly defining your goals will help you narrow down potential beneficiaries. 2.          Research Potential Beneficiaries : ○        Investigate various charitable organizations or causes that align with your goals. Look into their mission, impact, financial health, and reputation. Ensure they are registered and compliant with relevant regulations. 3.          Evaluate the Impact : ○        Consider the potential impact your trust can have on the beneficiaries. Choose organizations that can effectively utilize the funds to achieve significant outcomes. 4.          Consult