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LEGITIMATE EXPECTATION & REASONABLE EXPECTATION

Reasonable expectation is the objectively justified belief in the likelihood of some future events generated by a legal right under a contract. In Mohan’s Oysterbay Drinks Limited v BAT (K) Limited Comm. Case No. 90 of 2014, the court held that the principle cannot be construed in the absence of a contractual relationship between parties

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PUBLIC BENEFIT ORGANIZATIONS

The legal regime for registration of public benefit organizations (previously referred to as non-governmental organizations) was governed by the Non-governmental Organizations Act,1990(the “NGO Act”. The President, on 14th May,2024, assented to the Public Benefit Organizations Act,2013 (the “PBO Act”) repealing the NGO Act. This article will focus on the salient differences between the two Acts,

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LOST PROFITS; A REMEDY FOR BREACH OF CONTRACT

SCENARIO; XYZ (the Supplier) entered signed an Agreement with ABC (the Customer) for the supply of certain goods. A reading of Clause 14.1 of the Agreement provides that “neither party shall be liable for any indirect losses of the other party”. The Supplier has failed to deliver the goods to the Customer and had refused

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UTILITY MODELS & PATENTS

Section 2 of the Industrial Property Act, Cap 509 of the Laws of Kenya (IPA) defines utility model to mean ‘any form, configuration or disposition of element of some appliance, utensil, tool, electrical and electronic circuitry, instrument, handicraft mechanism or other object or any part of the same allowing a better or different functioning, use,

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UNPACKING KENYA’S LEGAL & REGULATORY REGIME ON INCORPORATED TRUSTS

A trust is an equitable or beneficial right or title to property, held for one person (“Beneficiary”) by another person (“Trustee”), in whom resides the legal title or ownership, recognized and enforced by courts and bestowed upon him by another person (“Settlor”). The Kenya legal regime recognizes four types of trusts; family trusts, charitable trusts,

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WHY ARE HUMAN RESOURCE (HR) POLICIES & PROCEDURES IMPORTANT?

The management of human resource (HR) in a work place plays a key role in the success or failure of business. This therefore implies that there is need to have in place laws and regulations governing employer-employee relationships. Most HR professionals in Kenya are trained to have an understanding of these laws, regulations and a

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