LAWS & POLICIES

An Analysis of the Social Health Insurance Act and General Regulations, 2023

Introduction In giving effect to Article 43 (1) (a) of the Constitution, the government has overseen the enactment of the Social Health Insurance Act, 2023. The Act seeks to establish a framework for the management of social health insurance by entrenching the right to health

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AGOA Forum 2023: Navigating economic, political and geopolitical dynamics in Africa

  During the 20th  African Growth and Opportunity Act (AGOA) Forum held from 2nd  to 4th November calls for the renewal of the trade partnership echoed through the halls of discussions and deliberations. As the expiration date approaches in September 2025, the urgency to extend

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Cybersecurity October: Strengthening our defences against cyber threats — A call to action

In an era where digital interconnectedness defines our world, the importance of cybersecurity cannot be overstated. October, designated as Cybersecurity Awareness Month, serves as a timely reminder for individuals, businesses, and governments to unite in the face of escalating cyber threats. Kenya’s recent encounter with

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Katiba at 13: Entrenching constitutionalism in corporations for capital and reputational good

– Background The corralling that succeeded the 4th of August 2010 referendum was a stark indication of the hopes Kenyans had in the shift in the country’s supreme law. The ecstatic roar in jubilation during the promulgation ceremony on 27th August 2010 mirrored the belief

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Rethinking the Nighttime Economy; Is Closure of Bars really the Solution?

Growth of the nighttime economy is integral to the overall growth of the economy. Growth of nighttime visitations in urban areas is precipitated by the blend of retail, commercial, industrial, residential, institutional, and recreational activities. Some of the places that host these nighttime activities include

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Employment contracts: In-depth analysis of fixed-term agreements

A fixed-term contract is a contract of service for a specified period of time. The underlying understanding between the parties of fixed-term employment contracts is that once the fixed period has ended, the contract is automatically terminated without any further liability on the employer’s part

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Fostering information sharing across public and private Sectors: Empowering the battle against money laundering, terrorism financing and proliferation financing

Financial crimes such as money laundering, terrorism financing and proliferation financing present a significant challenge to both developing and developed countries. Perpetrators of transnational and organized crime heavily rely on these crimes to advance their activities. In the same vein, these crimes have massive ramifications

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Matatu fare control: An analysis and feasibility of the proposed legislation

Kimilili MP Didmus Barasa has introduced the National Transport and Safety Authority (Amendment) Bill, 2023 that seeks to amend the NTSA Act, 2012. If passed,  the Transport Cabinet Secretary will have powers to put caps on bus fares for public service vehicles (PSVs) in proposed

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Enhancing Transition and Bridging the Gap? An Analysis of the Implications of the Re-introduction of Bridging Courses in Kenya

“Education then, beyond all other devices of human origin, is a great equalizer of the conditions of men — the balance wheel of the social machinery.” — Horace Mann, pioneering American educationist, 1848. It remains the dream of every child to pursue education as the

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Behind the Barbie buzz: Exploring the legal implications confronting the iconic brand

‘Come on Barbie, let’s go Barbie…’ Barbie was launched in 1959 by a toy manufacturing company, Mattel Inc, as Ruth Handler’s brainchild. Since then, this Bild Lilli-inspired innovation has taken the world by storm and managed to hold its crown as an unshakable force. Grand

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Digital trade and AI regulation dominate Africa Law Tech Festival, 2023

The Lawyers Hub, in partnership with Mozilla Corporation, Luminate and French Development Agency, has since 2020 successfully organised the largest law and tech annual conference in Africa, Africa Law Tech Festival.  The conference attracts more than 2,000 delegates from across the globe with a reach

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New face of contractual agreements: Embracing evolving signature forms after thumbs up sign makes it to the list

Defining a contract The commercial world is largely premised on contractual agreements or arrangements. A universally accepted definition of a contract still does not exist, but the general concession is that a contract connotes an agreement enforceable by law. Succinctly put, a contract implies a

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Levelling the playing field: KRA’S amendment establishes minimum input cost for alcoholic drinks

The Kenya Revenue Authority (KRA) has taken a significant step to promote fairness in pricing in the alcoholic beverage industry with its recent amendment to the 2010 Alcoholic Drinks Act. In the new clause mandated by the Finance Act, the KRA has been empowered to

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Striking a Balance: The Emerging Wave of Litigation Funding against Corporates and the Need for Regulation

Transformative jurisprudence in the early parts of the 20th century saw the emergence of the concept of public interest litigation (PIL). With increased human rights abuses by governments and multinational entities, there was a clamour for a model of pursuing justice for the common good

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Safeguarding corporates: Mitigating risks of endless litigation through strategic measures

In a recent publication in the Financial Times, “The Money behind the Coming Wave of Climate Change Litigation”, there was a revelation that there are entities, particularly non-profit organisations, that are willing to go to great lengths and provide financial support for litigation against corporations,

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Examining an alternative perspective: Meta’s stance on content moderators and the implications of the court ruling

The recent ruling by the Employment and Labour Relations Court regarding the employment status of content moderators has ignited significant debate and scrutiny. While the ruling determined that Meta (formerly named Facebook) should be classified as the employer of these moderators, it is crucial to

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Examining the Legal Instruments of the Malabo 2014 Conference: Implications and Significance of Ratification for Kenya

President William Ruto stated that Kenya would ratify one of the Malabo Treaties (2014) focusing on empowering the Pan-African Parliament to be a proficient legislative organ of the African Union (AU) by September 2023. This arm of the AU only has advisory and consultative powers

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Analyzing the Pros and Cons of Exchange Rate Fluctuation

In a recent visit to Kenya, IMF managing director Kristalina Georgieva held discussions with President Ruto and members of the Cabinet on possible policy recommendations concerning Kenya’s recovery from the exogenous economic shocks the country is experiencing. In a bid to address economic growth and

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Curbing Alcohol Abuse in Kenya: Evaluating the Effectiveness of Government Measures and Proposed Solutions

Alcohol abuse is a prevalent issue in Kenya, and the government has implemented various measures to tackle it. These measures comprise policies, programmes, and regulations to reduce alcohol abuse, enhance treatment and rehabilitation, and promote responsible drinking habits. This article analyses the government’s efforts to

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Uproar over LGBTQ verdict in Kenya: Are attacks on the Supreme Court justified or misplaced?

Homosexuality remains criminalised in Kenya. However, the ruling by the Supreme Court that the LGBTQ community cannot be denied the right of association was met with protests from top political and religious leaders. Likewise, some foreign missions like the Russian Embassy even showed support for

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Ruto administration to merge higher education funding and placement to enhance efficiency amidst row over bursaries in counties

President William Ruto has denounced claims that he plans to get rid of the Higher Education Loan Board (HELB). Speaking during an interview with journalists at State House, Nairobi, on Friday, January 6, he said his administration is geared towards strategic measures and solutions for

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The year in review: Highlights of key legislative and policy updates

The year 2022 saw the introduction of several legislative and regulatory updates. Similarly, Kenya launched some notable policies and strategies whose implementation will impact both the private and public sectors. As 2022 draws to a close, we look back at some of the key legislative

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25th November 2022 Keeping the Finger on the Pulse

Post- Election Snapshot On Monday 21st, The Employment Court extended orders issued last week stopping the PS nominees’ vetting. Justice Nduma Nderi extended the order to next Tuesday when he will deliver a ruling on the issue of jurisdiction that was raised by the National

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COP27: Key outcomes for food, forests, land, and wildlife at COP27 in Egypt

The backdrop for this year’s United Nations Climate Change Conference was a continent still suffering from multi-year droughts and record-high levels of hunger. The “Koronivia work programme” gave agriculture and food security, which were feared to be at risk of being dropped from the climate

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The tragedy of collapsed buildings: Where we are getting it wrong and the antidote

In the past two weeks, at least four apartments have collapsed in the counties of Kiambu and Nairobi, claiming lives and damaging property worth millions of shillings. The World Bank estimates that Kenya has a housing shortage of at least two million homes, which rises

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Proposed constitutional amendments and their risks

Constitution or leadership and governance crisis: Why Kenya does not need sweeping changes in the supreme law While the new government should be working in order to deliver its pledges to Kenyans, who for the last few months have been struggling to make ends meet,

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A summary of the public health (COVID-19 restriction of movement) rules

New rules were gazetted this week. The Rules provide for: Movement Into And Out Of The Restricted Area/Public Gatherings One needs authorization from the Assistant County Commissioner where they need to enter or exit an infected area for purposes of attending a funeral or seeking

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Task force for effective Curriculum reforms implementation

In 2020, Kenya constituted a taskforce on Enhancing Access, Relevance, Transition, Equity and Quality for Effective Curriculum Reforms Implementation. The taskforce has released a report highlighting  key issues and related recommendations that will enhance effective implementation of the Competency Based Curriculum (CBC) reforms as stipulated

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