LEGAL INSIGHTS WITH ABIGAEL MOKUA

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...

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...