LEGAL INSIGHTS WITH ABIGAEL MOKUA

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...

Based on the journey shared in the video , Valentine’s story offers several profound lessons for anyone navigating the high-pressure environments of campus life, career building, or personal growth. Instead of just looking at what she achieved, we can look at how she approached her challenges to find actionable wisdom. Watch full video here   Here are five key lessons extracted from her journey:   1. Prioritize Purpose Over Performance   One of the most vital lessons from Valentine’s experience is that you do not have to do everything; you only need to do what aligns with your passion and purpose . In environments like law school, it is easy to feel pressured to follow the crowd, whether that is participating in every moot or writing every research paper . True growth begins with the "moment of honesty" where you stop trying to fit a mold and start seeking platforms that actually sharpen the skills you want to build .   2. Redefine Leadership as Service and Listeni...

In Kenya, negligence is a civil wrong (tort) defined as the failure to act with the level of care that a reasonable person would have used in a similar situation, leading to harm or injury to someone else . It was originally introduced to Kenya from England through the Judicature Act to ensure people have a legal way to seek justice when they are harmed by someone else's carelessness . The Foundation: The Neighbor Principle The modern law of negligence is built on a famous concept known as the Neighbor Principle .  While Kenyan courts frequently cite this principle, it originates from the landmark English case of Donoghue v. Stevenson (the snail in the ginger beer case) .    This principle states that you must take reasonable care to avoid acts or omissions that you can reasonably foresee might injure your neighbor .   In a legal sense, your neighbor isn't just the person living next door; they are anyone so closely and directly affected by your actions that ...

The Kenyan judicial system is established under Chapter 10 of the Constitution of Kenya 2010 , which defines the Judiciary as an independent arm of government . Judicial authority is derived from the people and is exercised through a structured hierarchy of courts . This system is divided into two main levels: Superior Courts and Subordinate Courts . THE SUPERIOR COURTS Superior courts are the highest level of the judiciary and handle complex legal issues, constitutional interpretations, and appeals .   1. Supreme Court of Kenya   As the highest court in the land , it consists of the Chief Justice, the Deputy Chief Justice, and five other judges . It has exclusive jurisdiction over presidential election disputes and hears appeals involving the interpretation or application of the Constitution . To understand in detail the jurisdiction of the Supreme Court, see: THE SUPREME COURT OF KENYA: IT'S JURISDICTION, AUTHORITY AND LANDMARK RULINGS   2. Court of Appeal   I...