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Who Told Them?

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The Law You Live, Season 2, Part 1 Who Told Them? By Tim Munyi Mugo* “Congratulations! You qualify for Kshs. 60,537 PCASH Business Loan today. To get, Dial *321*5# Apply Instantly & repay in 90days or visit PCASH app”. This arrives on a random Tuesday morning, promising a loan you never applied for, from a digital lender you have zero idea about, on a number you can swear with someone’s grave you never shared for that purpose. The natural reaction is a shrug and a delete. The correct reaction is a single question. Who told them? That question is in substance, the entire Data Protection Act, Cap 411C. It is also a question my own industry must answer about its own customers, and I will come to that. Personal data is anything from which you can be identified. Your name, your mobile number, your ID, your photograph, your location, your M-Pesa history, or even your meter reading. You are the data subject . Whoever decides what is done with that information is the da...
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The 13-Month Rule Is Dead

What every Kenyan employee should know about unfair termination, no matter how long they have worked For years, thousands of Kenyan workers were told the same thing after losing their jobs: that they had not worked long enough to complain. Employers pointed to a single clause buried in the Employment Act, Section 45(3), and used it to shut the door on employees dismissed within their first thirteen months of service. There was no hearing required, no explanation owed, and, employers assumed, no recourse available to the employee. That assumption was wrong, and it has been wrong for well over a decade, even though many employers and employees alike have never been told so. The door that Section 45(3) once held shut has been broken down by the courts. Kenyan judges have repeatedly ruled that this clause violates the Constitution, and it can no longer be used to deny any employee, whether newly hired or long-serving, the right to a fair termination process. If you were let go early in...
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