LEGAL INSIGHTS WITH ABIGAEL MOKUA

In contract law, the principle of freedom of contract allows parties to enter into legally binding agreements. However, not all contracts remain enforceable. Certain vitiating factors can undermine the validity of a contract, making it void or voidable. This blog examines these vitiating factors, exploring when and how a contract may be set aside.  A vitiating factor is one that may operate to invalidate an otherwise validly formed contract, that is a contract that conforms to all the rules of formation that I had already identified for you in one of my previous blog. (See  UNDERSTANDING CORE ELEMENTS OF A VALID CONTRACT ) To vitiate, basically means to impair the quality of, to corrupt or to debase. The role of law is to provide a remedy to the party who may not have wished to enter the contract given the full knowledge of the vitiating factor at the time of formation.  There can be two effects if a contract is vitiated: it may be void or voidable . Whether the contract...

The Supreme Court of Kenya is the highest court in Kenya. It is established under Article 163 of the new Kenyan Constitution 2010 . As the highest court in the nation, its decisions are binding and set precedent on all other courts in the country. It consist of the Chief Justice; who is the president of the court, the Deputy Chief Justice; who deputises for the Chief Justice and the vice-president of the court and five other judges.   THE JURISDICTION, AUTHORITY, AND LANDMARK RULINGS          1. DISPUTES RELATION TO PRESIDENTIAL ELECTIONS The Court has exclusive original jurisdiction to hear and determine disputes relating to the elections to the office of president arising under Article 140 of the Constitution. This means only the Supreme Court can handle petitions challenging the validity of a presidential election. In the case of Raila Amolo Odinga & another v Independent Electoral and Boundaries Commission & 2 others [2017] eKLR, was a...

When entering an employment contract, most workers focus on explicit terms like salary, working hours, and job responsibilities. However, beyond these written agreements, Kenyan labor laws recognize, implied duties, obligations that employers must uphold even if they are not explicitly stated in the contract. Understanding these implied duties is crucial for every worker in Kenya. They include:   DUTY OF TRUST AND CONFIDENCE    An employer has a duty to treat employees with respect and consideration. The duty arises from the the outset of the employment until its termination. Phillips J stated in BAC Ltd Austin[1978] IRLR 322 , that it is an implied term of contract that employers do not behave in such a way that it is intolerable for the employee who cannot be expected to put up with it any longer         2.  DUTY TO PROVIDE WORK No duty to provide work exists. The employer is not compelled to provide work where non exists. As was stated in...

Every worker has a right to a workplace that respects their rights. Kenyan labor regulations are in place to protect employees against exploitation, unjust treatment, and poor working conditions.  However, a large number of workers are still unaware of their rights, making them susceptible to abuses including discrimination at work, unjust terminations, or underpaid salaries. This blog post outlines the key employee rights in Kenya, highlighting what every worker should know to ensure fair treatment and legal protection in the workplace. Key labor laws are primarily governed by the following statutes: Employment Act 2007 Labor Relations Act 2007 Work Injury Benefits Act 2007 Occupational Safety and Health Act 2007 LEGAL  PROTECTION OF EMPLOYEE RIGHTS   PROTECTION OF WAGES   The main reason that people in society work is to get an income to support themselves and their families. A wage is an amount of money paid periodically for work or services done . Remuneration ac...