LEGAL INSIGHTS WITH ABIGAEL MOKUA

In the complex landscape of real estate, the principle of caveat emptor ,  buyer beware , serves as the primary shield for any prospective property owner. Acquiring land requires more than just a search at the registry; it demands a rigorous investigation into the history, physical status, and legal character of the property. Failing to conduct comprehensive due diligence can lead to the total loss of investment, as courts are increasingly reluctant to protect purchasers who ignore obvious red flags. This blog post simplifies a landmark supreme court case,  Torino Enterprises Limited vs. Hon. Attorney General (SC Petition No. 5 (E006) of 2022)  that proved the important of due diligence when purchasing land. FACTS OF THE CASE In 1964, a 5639-acre freehold title (Embakasi L.R No. 11344) was granted to Kayole Estates Limited . In 1971, it was transferred to the Nairobi City Council (NCC) for valuable consideration .    In 1973, the land was subdivided, creating ...

Redundancy is defined under Kenyan law as the involuntary loss of employment through no fault of the employee , occurring specifically when their services become superfluous to the employer . This process is often driven by external factors such as economic conditions , business closures, technological developments , or organizational restructuring . While the decision to declare a redundancy is a managerial prerogative , it must be both substantively justified and procedurally fair to be considered valid under the Employment Act, 2007 . To establish substantive justification , an employer must prove that the termination is attributable to legitimate operational requirements . The procedural framework is mandatory and must be strictly followed to avoid successful claims of unfair termination .    The process begins with a mandatory written notice issued at least one month (30 days) in advance to the employee and the local Labor Officer . If the employee is a member of...

In a recent episode of Legal Insights with Mokua , Gillian Neky, Managing Partner at Gillian Neky & Co Advocates, shared profound insights into the evolution of the legal profession . Her journey from a curious student to a tech-savvy firm owner offers a roadmap for any legal professional looking to thrive in the 21st century . Here are the key lessons every modern lawyer can learn from her experience:   1. Law is a Business, Not Just a Practice One of the most significant hurdles for new firm owners is realizing that law school prepares you to be a good lawyer, but not necessarily a business owner .  Gillian emphasizes that running a firm involves non-glamorous tasks like managing human resources, finances, sales, and strategy . Actionable Insight: Do not shy away from learning the boring stuff. Gillian admit she had to learn accounting, despite hating it, to ensure the firm’s financial health . To grow, you must understand business management as deeply as you understa...

  Under Kenyan law, specifically Section 10 of the Employment Act , every written employment contract lasting three months or longer must contain specific mandatory particulars . In addition to these statutory requirements, modern 2026 legal guides emphasize several protective clauses to manage risks such as data privacy and statutory deduction disputes . Statutory Mandatory Clauses The following elements are legally required under Section 10 of the Employment Act and are essential for a compliant contract: Details of the Parties : Full legal names, ages, sexes, and permanent addresses of both the employer and the employee . Job Title and Description : A clear definition of the employee's role, responsibilities, and reporting structure to avoid disputes over duties . Commencement Date and Duration : The date employment begins and the type of contract (e.g., permanent, fixed-term, or casual) . For fixed-term contracts, the end date or expected duration must be stated . Place of Work...