LEGAL INSIGHTS WITH ABIGAEL MOKUA

  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...

Looking for clear, detailed, and exam-friendly legal notes ? I’ve put together comprehensive materials designed to make learning and revision effortless . Grab your copy of any unit for just Ksh 1,000 ! 📞 To get your copy, reach out on 0717249794   Now onto today’s topic;  In Kenya, criminal cases represent a legal dispute between the Republic (the state) and an individual . Unlike civil matters, the state takes the lead in prosecuting the case, while the accused person defends themselves, and the complainant serves primarily as a witness .  For a conviction to occur, the state must fulfill a high burden of proof: proving the case beyond a reasonable doubt . This structured journey through the justice system is governed by the Constitution of Kenya 2010, the Criminal Procedure Code (CPC), and various policy guidelines to ensure due process and fairness . THE STEP BY STEP CRIMINAL PROCESS   The progression of a criminal case in Kenya follows a specific chronological ...