Kennedy Kithinji Mathiu @Mathiukk
A sculpture of evolution. Advocate of the High Court of Kenya and lover of all things tech & financial. Nairobi, Kenya Joined April 2009-
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If I was counsel for the petitioners, I would have asked DJ slekta after that judgment because that introduction and the ending sielewi.
Justice Bahati Mwamuye added a rare touch of Kenyan musical reference to his landmark constitutional ruling on the Rastafari community’s bid to use cannabis as a religious sacrament, opening the judgment with lyrics from the controversial song Bangi by Just Imagine Africa
Woe unto you if the court states as follows; "For rulings and judgements, please check the CTS or we shall upload rulings and judgements by the end of today" mark you it has not been read.
An employee has been ordered to pay his former employer Ksh. 1,452,112.12, while the employer has been ordered to pay him Ksh. 241,668 for unfair termination. The employee sued claiming that he was unfairly dismissed for poor performance. His employer argued that he had negligently handled clients' printing machines, causing costly damage, unnecessary repairs and the expense of flying in engineers from India. The court agreed the employer had valid concerns about his performance but found that it failed to follow the mandatory disciplinary process before terminating his employment, making the dismissal procedurally unfair. However, the employer also filed a counterclaim seeking to recover the losses allegedly caused by the employee's negligence. Since the employee failed to challenge that evidence during the trial, the court allowed the counterclaim and awarded the employer over Ksh. 1.45 million. This is a reminder that winning an unfair termination claim does not shield an employee from liability for proven negligence.
🚨🚨 BREAKING: YOUR EMPLOYER'S CASHFLOW PROBLEMS DO NOT SUSPEND YOUR RIGHT TO A SALARY. The Employment and Labour Relations Court at Kisumu has delivered an important decision clarifying a question that affects thousands of Kenyan workers: what happens when an employer simply stops paying salaries because business is struggling? In Pride King Services Ltd v Innocent Onyango [2026], a security guard resigned after going four consecutive months without receiving his salary. The employer admitted that it had experienced financial difficulties, explained that employees had been informed of the situation, and argued that the Respondent should have waited for the company to stabilize because the outstanding salaries would eventually be paid. The Court rejected that reasoning. In one of the most striking passages of the judgment, Justice Nzioki wa Makau reasoned that it is not the responsibility of a worker to figure out how the employer will pay his wages. The Court held that by failing to pay wages for months, the employer had created the very circumstances that led to the termination of employment and therefore upheld the finding that the employee had been constructively dismissed. The Court's reasoning is significant. A salary is not a discretionary benefit that an employer may postpone until business improves; it is the primary consideration for an employee's labor and one of the employer's most fundamental contractual obligations. While the employer pleaded financial hardship, the Court found that such hardship could not be shifted onto an employee who continued reporting to work without pay. At the same time, the Court carefully distinguished liability from quantum. Although it upheld the findings on unlawful termination, salary arrears, notice pay, service pay and compensation, it reduced the awards for underpayments, house allowance and accrued leave because those claims were subject to the statutory limitation period under the Employment Act. The jurisprudential importance of this decision lies in its reaffirmation that the risk of running a business belongs to the employer, not the employee. Courts will not readily accept financial difficulties as a legal justification for withholding wages while expecting employees to continue working. Equally, employees who seek relief must be alive to the limitation periods governing employment claims, as even a successful claim may be substantially reduced if brought outside the periods prescribed by law. The judgment therefore strengthens two important principles of Kenyan employment law: wages remain a fundamental contractual obligation despite economic hardship, and statutory employment rights must be enforced within the timelines established by Parliament. Kindly repost widely 🙏
A foreigner with strobe lights and siren yet Kenyans are being harrassed for this.
Wicknell Chivayo is in Kenya, allegedly to finalize a KSh 377 billion JKIA deal. The tycoon flew to the country aboard his newly acquired Gulfstream G550 jet and was picked up on the tarmac by vehicles with KSh 1 million customized plates.
When people did mandamano against finance bill, it was mainly pushed by the younger generation. Now they are coming to raid the pockets of the big with taxing dividends. It has come full circle, let see how they will fight this.
A law firm sues a client for $1.24M in unpaid legal fees. But in that litigation, the lawyer cites 23 fake cases, on 47 occasions, across 19 filings, including in a motion for sanctions against the client (!). The court also notes "at least 83 instances" where the lawyer misstated case holdings, with examples "too numerous to detail fully herein." The client defendant who allegedly owed the money says he never even signed a retainer agreement, was never invoiced, and he filed an ethics complaint against the lawyer. The court points out that the lawyer sought $50,000 in fees "for work product that appears to have been generated through the use of artificial intelligence, without adequate verification of the accuracy of the cited authorities." The court grants the client's cross-motion for sanctions against the lawyer. Sanctions hearing and order to follow.
Nyoro is right. The poor theatrics on these fuel prices are so mediocre that the only justifiable reason to make roadside declaration is to get clout. It is very sad that politics of today is done in such a joking manner.
Whenever I review conveyancing or commercial contracts for clients in transactions where the other party is a high-net-worth entity, the first place I go is the dispute resolution clause. Any reference to a scam called arbitration goes straight out. In Kenya, Arbitration is often dressed up as an efficient alternative to litigation, but in practice it frequently serves the interests of the arbitrator who will charge ridiculous fees and the party with the deeper pockets to bribe the arbitrator. By the time the arbitration circus is over, you often end up in court anyway, yet this is a process that was supposed to avoid litigation in the first place. At that point, the dispute has already lost nearly a decade to a mechanism that promised efficiency.
@MutandaLaw I think it's a mixture of both.
This is Good & Long overdue!!! The Central Bank of Kenya (CBK) has approved Safaricom's request to mask customers' full names and phone numbers in Lipa na M-Pesa transactions. This change applies only to Till and Paybill payments. Moving forward, when money is sent via Lipa na M-Pesa (Till or Paybill), the recipient (merchant) will see only the sender's first name and a partially masked phone number (e.g., 07XX XXX XXX). This prevents the misuse of personal data for unsolicited marketing or other unauthorized purposes. The measure is designed to protect users from unauthorized data sharing with third parties and ensures compliance with Kenya's data protection laws….
BnD should see this. Those guys, you can't unsubscribe. Nawawarn endeleeni tu.
CJ’s has been ordered to pay Ksh 75,000 for sending unsolicited promotional text messages to a customer. The ODPC ruled in favor of Steve Onwonga Omwenga, who complained that the popular Nairobi eatery kept bombarding him with marketing SMS without his consent. Businesses that
Congratulations @ckanjama this was my first vote.
Faith may shape one’s values. The Rule of Law shapes a nation. Our Constitution is clear , leadership is about serving all, not imposing belief. Like Mwalimu Nyerere reminded us, faith guides personal integrity, but constitutionalism unites a people. My commitment is to the Rule of Law, to advocates, and to every citizen of the Republic of Kenya. That is the leadership I offer. #IntegrityInAction #Kanjama4LSKPresident
This kind of campaigning...
Peter Wanyama has promised branches of LSK each a van from Toyota Kenya. The basic price of the Van is 5 Million Kshs. We have at least 10 branches. LSK collects only 50 million shillings on practising certificate. It means that in one year, an entire revenue stream will go to
@MarioNawfal So Epstein gave Microsoft a virus
Ati Kanjama ni mtu wa System? Gosh! 😅 I had to laugh at this one. If only you knew the battles we have fought behind the scenes. You cannot fight for the Bar if you are eating from the State. #Kanjama #TheGeneral #Receipts #LSK # #NikoNaKanjama #Kanjama4LSKPresident
Exactly. Substance always unsettles those with none. Leadership should be judged by record, not noise. @ckanjama for LSK President @kairetu_her @njerae_K @MarkAlphy @haron_makhanu #Kanjama4LSKPresident #TimeisRipe #StrongLSKforAll
Listening to fixing the Nation on @ntvkenya one notes that if your track record is beyond par, people decide to focus on trivialities. SC Kanjama for LSK president @ckanjama @abdulnassir21 @ooko_hezbon
Kimanzi®™ @Kimanzi_
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