Sian Mutua Advocates

Assumption to the Office of the President On legal basics today, we explore the process by which an incumbent President hands over power to the President elect. We specifically look at the legal pro...

On Part 2 of the episode on Coalitions, I was joined by my good friend James Tugee, FCIArb where we discussed among other things, the history of Political Party Coalitions in Kenya since independence in 1963, We look at the unique features of the Coalition Political Party as recently introduced, what to happen when officials elected under different political outfits defect after elections, and what to expect on the ballot on 9th August 2022.

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PART 2: The Coalition Political Party (new kid on the block), what to expect on the ballot in 2022 On legal basics today, we explore the history of Political Party Coalitions in Kenya since independence in 1963, We look at the unique features of the Coalit...

https://youtu.be/0X5kVkHpnsc

Coalition and Mergers for Political Parties PART 1 On legal basics today, we look at the joining of two or more political parties into various outfits, and discuss the distinctive difference between a Coaliti...

Election Violence and Election Monitoring On Legal Basics today, we look at violence that crops at different point sof the election cycle and the various institutions involved in propagating , preven...

Nomination Processes and Disputes On Legal Basics today, we look at the process of nomination of Candidates to fly the flags of their respective political parties at the August Poll, as wel...

Last year there was an issue trending on Social media: many people had found their names registered as members of Political Parties against their will. Not seen any that went to court.

Today on Legal Basics, we look at the Laws Governing the formation and membership of Political parties. We highlight constitutional provisions regarding Multi-partism and the rights to voluntary membership to Political parties as well as the thresholds that a formation must meet in order to be registered as a Political party.

Tune in.

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Blessed Friday and happy new month to yoy and yours.

https://m.youtube.com/watch?v=dkwxS3kDt7s&feature=youtu.be

It's been a circus! From people that undertook their degrees in seven months, to those who did not feature on the graduation lists but had degrees nonetheless, to those whose high schools disowned them. We are a very determined lot! Us Kenyans.
But the circus has even been more interesting elsewhere. We have seen a President of the United States being forced to produce his birth certificate because how he attained his citizenship was in question. We have been members of Parliament attack each other in another country so as to change the Constitutional age of a vying President. We have even seen an incumbent President miraculously discover that his date of birth had been wrongly noted and he was indeed young enough to contest the presidency of his country.
Age and academics are just a few of the qualifications fixed by laws to determine who can and cannot vie around the world. There are other factors, among them residency, criminal record, previous positions held, and signatures in support of independent candidates, which determine wo is qualified to vie and who is not. Today we look at wat our own laws provide in relation to those issues. We shall also look at the rationale behind those qualifications, court decisions that have had a bearing on those qualifications, as well as a compare qualifications required under the current constitution that differ from those of the Independence Constitution.
The colours on this video are not meant to signify any allegiance to any past, present or future political parties. . . The smiles are the models' own.
Watch, learn and share with your circle.
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Qualifications for various elective Posts Join this channel to get access to perks:https://www.youtube.com/channel/UCeHMLnyaJAVH4X2KdjyBBTw/join

Qualifications for various elective Posts Join this channel to get access to perks:https://www.youtube.com/channel/UCeHMLnyaJAVH4X2KdjyBBTw/join

Season Premier: Election Law Series DEMOCRACY AND THE SOCIAL CONTRACT THEORY LEGAL BASICS: Today we look at the origin of government, the delineation of power and responsibility between the government and the governed, as well as the ...

In the matter of Lydiah Mongina Mokaya v St. Leornard’s Maternity Nursing Home Limited [2018] eKLR
"The claimant’s other case is that issues of sexual harassment arose between herself and the respondent’s manager,. This arose when he would come in to deliver drugs at night and directly asked her for sexual favours which conduct riled her visiting husband . . . her application was rejected. She was the only unsuccessful candidate in these applications and links the same to the sour relations occasioned by her sexual harassment escapades with the respondent’s manager . . . Cases and instances of sexual harassment are extremely personalized and difficult to proof. More often than not, these would not be documented but comprise of overt and covert overtures by the offending party. It is therefore expected that when this arises, action should be taken towards reporting or raising the same with the powers that be, the employer or his agents. Sometimes the prevailing environment may not be facilitative of this. It would therefore be unreasonable to employ the standard burden of proof on this kind of matters. This is like in the present case . . . I also find a case of sexual harassment and discrimination at the workplace vented out by the respondent onto the claimant. . . I am therefore inclined to allow the claim and award relief as follows . . . . Kshs.600,000.00 being general damages for both sexual harassment.

Section 6(1) of the Employment Act provides that:

“An employee is sexually harassed if the employer of that employee or a co-worker-

a) Directly or indirectly requests that employee for sexual in*******se, sexual contact or any other form of sexual activity that contains an implied or express-

i) Promise of preferential treatment in employment;

ii) Threat of detrimental treatment in employment;

iii) Threat about the present or future employment status of employee;

b) Uses language whether written or spoke of a sexual nature.

SEXUAL HARASSMENT LEGAL BASICS: What recourse does a person have when they are sexually harassed at their place of work/ What responsibility does an employer have in terms of ...

Today we look at the unique features of independent consultancy/contracts as opposed to employment, and the distinguishing features that courts look at to arrive at the finding that such a contract does NOT amount to an employment. This distinction Is so important as it also determines whether a dispute will be referred to the employment court or the commercial court, and also prescribes the remedies that the courts are able to give. Also watch our episode on outsourcing, on this link:( https://youtu.be/6LE24aa258s )so as to be clear on whether the commercial contract has a bearing on the contract between an employee and a contractor, where the employee performs the work for a third party. Let's learn.

INDEPENDENT CONSULTANT/CONTRACTOR LEGAL BASICS: Today we look at the unique features of independent consultancy/contracts as opposed to employment, and the distinguishing features that courts...

REINSTATEMENT AND OTHER REMEDIES FOR UNFAIR TERMINATION OF EMPLOYMENT So the processes have failed? The disciplinary or termination process was faulty, or the resignation was forced, negotiations have hit a bump, and an aggriev...

Pay-cuts due the Covid-19 Pandemic The video explores the legality of Covid 19 pay-cuts, and how employers should go about them to be on the safe side.

Sian Sairo & Sharon B - WAIMBA SIKIZENI (Hark the Herald Angels Sing) - AFRICAN CHRISTMAS SONGS Hark the Herald Angels Sing is an x-mas carol was written by Charles Wesley, first as a poem , inspired by the sounds of church bells on Christmas morning, a...

Outsourcing / Contracting As businesses become more specialized and the world more globalized, many people are turning to outsourcing to free their time from certain processes and con...

Voluntary and involuntary resignation Today we consider the situation where an employee decides to stop working for a certain employer, either by choice or because of the employer's fault. How do...

EMPLOYMENT LAW SEASON 2 PREMIERE: Q&A, Case Law, Developments form the Courts Season 2 of the employment Law series is here. We are going to have experts answer all your questions. Keep them coming! We are paying attention to your feed...

SEASON FINALE: Maneuvering the Employment Court Whether represented by an Advocate or self-representing, the courts are available for aggrieved employers and employees to seek redress when disputes remain ...

The disciplinary process What do people mean when they say, "due process" when an employee is alleged to under-perform or for them to be found guilty of misconduct?

Termination of the Employment Relationship Today's episode looks at the point at which the Employer and Employee part ways, the difference in the content of the termination notices as given by the Emp...

What are your thoughts on maternity and paternity leave?
Are three months enough for a mother to take care of a new born child?What if she has to taker her leave earlier leaving her with fewer days after the baby is born?
What happens to u***d fathers who want to take paternity leave seeing that the birth notification only carried the name of the mother?
What happens to pregnancy induced sickness? Is it considered sick leave or maternity leave, and is it fair for the law to not provide for remuneration beyond 14 days of sickness?

Join us as we tackle these questions. And don't forget to Like, share and subscribe.

Maternity Leave, Paternity Leave and Sick Leave Join us as we discuss the legal provisions as pertaining to Maternity, Paternity and Sick leave. How many days do mothers and fathers get, what kind of docum...

Redundancy (Did you lose your job when the Covid-19 pandemic struck?) Join us as we tackle the law regarding redundancy. Has your workforce become unsustainable? Is your business making much much less than it used to? Do you ha...

Probation Today we go through the dynamics of the probation period, the rights and obligations of the employer and employee, the period pf probation as provided by law...

We close the month with these nuggets of wisdom from the beautiful Karol Muriuki who takes us through Annual leave, the minimums provided by law, the circumstances where leave days are more that the statutory minimum, and how unutilized leave days are managed.

How do you spend your leave days?

Do you rest. Do you spend time with your loved ones? Do you catch up on neglected projects.

Do you know that many people struggle with post retirement depression. Why? Because they spend their whole lives being busy with work, not carrying to cultivate activities and relationships that will outlive their jobs. When they finally retire, they have no projects to carry through and their family and friends are not used to having them around, they moved on.

Leave days are important to rest and revitalize. They are also important for setting up and supervising projects that we would otherwise not have time for. But most importantly, leave days should also be spent cultivating our relationships. Spending quality time with our elders, our children and our significant others without being distracted by emails and running to meetings.

Leave days are also great for learning new skills. That biryani recipe you said you would learn in 2010. That salsa move. That piano class. Even that interesting *** position.

We were not meant to come into this world to just work, pay bills and die. Careers are important, and so are the other aspects of life.
Leave days allow us to spend time pursuing those other things that also matter in life.

Tune in.

And don't forget to hit the subscribe button.

Annnual Leave Join us as we go through the rationale behind annual leave, the minimums set by the law and the method of computation for unutilized leave days.

Injury at the work place. Join us as we go through the law regarding injury and disease that occurs at the work place or as a result of work, whether in the short term or through long...

As promised, we usher in this beautiful Labour Day with the Employment Law Series.

Labour Day is the day that we celebrate work, and we sit to have candid discussions about the terms. conditions, rights and obligations of employers and employees. This series will be dealing with just that.

We are committed to keeping you informed on the Legal Framework on Labour Law and break down the complex legal issues in Employment Law. This time we are please to have with us a team of Legal experts to assist us to dissect the issues and ensure that we leave no stone unturned.

On today's episode, we look at the critical details that have to be included in an employment contract, be it oral or written, to ensure that there is no friction in the employment relationship. Remember that the Kenyan Employment Law recognizes both oral and written employment contracts as valid, but prescribes that any contract exceeding an aggregate of three months, should be in writing. Putting a contract in writing is always the obligation of the employer.

Do not let the fact that your contract is not written make you sit on your rights. If your rights have been violated, you can seek redress whether or not the employment contract was reduced into writing. This way, employers cannot neglect to have contracts in writing to their advantage.

Keep sending in your questions to [email protected] and our old email address : [email protected].

What shall not have been conclusively dealt with in an episode shall be dealt with by the panel in the Q&A episode.

Remember to subscribe, like and share far and wide with your family and friends as you encourage them to subscribe.

Wakili Isaac Kiche , it was a great honour to drink in your wisdom! We cannot wait to have you on the broadcast again!

Take care of yourselves and your loved ones!

HAPPY LABOUR DAY!

TWASHANGILIA!

Essentials of an employment contract The video goes through the most critical details that should be included for an employment contract, whether it be oral or written., so that the rights and o...