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...