Masila & Saeed

Masila & Saeed updated their phone number.

A most validating affirmation at the end of a very long struggle.

Afflictions, whether aware of it or not, often weighs heavily on the mind of the hardworking militant. however, forgive yourself, my beloveds.

"each of us contributes to the struggle according to our ability," and we are no lesser for it!

Procedures in the Industrial Court

There are two parties in any labour dispute namely the Claimant, who files the case, and the Respondent, who defends the case.

The claimant will institute a claim in the Industrial Court by filing a statement of claim or memorandum of claim. The memorandum/statement of claim outlines the particulars of the parties and reasons for the cause of action.

It sets out the grievances, any attempts to settle the problem out of court, submissions of the parties and prayers being sought from the Industrial Court.

The memorandum/statement of claim must be accompanied by a verifying affidavit sworn by the Claimant before a Commissioner for Oaths. Any supporting documents must be filed with the claim.

The Respondent will be required to file a reply to the memorandum of claim upon service. The reply to the memorandum of claim must also respond to the grievances and include submissions and orders sought for dismissal of the claim.

Thereafter the disputants are required to take a date for directions before the Judge of the industrial Court. On this date, the Judge shall confirm that all the documents are in order and give directions on whether and where the case should proceed for hearing.

The Judge can order that the case proceeds for hearing in another town so long as the Court is able to hold sittings therein. Once a hearing date is taken, the parties shall be allowed to call their witnesses on the date.

After oral evidence is taken by the Judge, the parties will give their
final submissions. The Judge will then proceed to give the award.

Unlike ordinary courts, an employee and employer need not be represented by advocates. A trade union representative or employer’s organisation is allowed to appear before the Industrial Court on behalf of an employee or employer respectively.

On the other hand, an employer and employee are at liberty to
appear in person or to hire the services of an advocate for representation.

Upon hearing a dispute, the Industrial Court can make awards for damages, compensation, orders of declaration, reinstatement of an employee, injunctions among others. If a person is aggrieved by the decision of the Industrial Court, a right of appeal lies in the Court of Appeal.

No human masterpiece have been created without great "labour"

ENFORCEMENT OF THE BILL OF RIGHTS

The Constitution under article 22 accords all individuals the right to institute proceedings in the case that a fundamental freedom or a right is DENIED, INFRINGED or THREATENED.

Of importance to note is the fact that commencing such proceedings is ABSOLUTELY FREE. The Constitution is clear (Article 22 (3c) that the Chief Justice ought to ensure that this is observed.

On the other hand, procedural technicalities that could hamper natural justice such as the manner in which the proceedings are lodged, the time frame etc, have no effect on the case. If necessary, the court could also entertain proceedings that are made through INFORMAL documentation.

Therefore, the legal jargon that may seem quite difficult to understand and draft will not matter in the case of such proceedings.

Therefore, in the case that any right guaranteed by the Constitution (E.g the right to equality and freedom from discrimination) is denied, infringed or even threatened, don't hesitate to seek the court's redress, the Constitution has your back!

"Years ago, anthropologist Margaret Mead was asked by a student what she considered to be the first sign of civilization in a culture. The student expected Mead to talk about fishhooks or clay pots or grinding stones.

But no. Mead said that the first sign of civilization in an ancient culture was a femur (thighbone) that had been broken and then healed. Mead explained that in the animal kingdom, if you break your leg, you die. You cannot run from danger, get to the river for a drink or hunt for food. You are meat for prowling beasts. No animal survives a broken leg long enough for the bone to heal.

A broken femur that has healed is evidence that someone has taken time to stay with the one who fell, has bound up the wound, has carried the person to safety and has tended the person through recovery. Helping someone else through difficulty is where civilization starts, Mead said."

We are at our best when we serve others. Be civilized.

Ruling leaves Kenya Power in procurement dilemma The electricity company recently invited bids for the supply of meters worth Sh2 billion.

Wishing a Happy Easter Holidays to all our clients..

Queries in KRA plan for 50pc tax appeal deposit Currently, courts determine whether KRA’s demands for security are justifiable and then set the cash to be used as a deposit or bank guarantee.

The messenger of Allah SAW said,

"Charity does not decrease your wealth, no one forgives another but that Allah increases his honour, and no one humbles himself for the sake of Allah but that Allah raises his status."

Sahiih Muslim 2588

Have you ever gone to a supermarket, bought some goods that did not fit your description, wished to return it and obtain a refund only to be given a voucher to pick something else that you didn't want?!

Well good news guys, the CONSUMER PROTECTION ACT (Act no 46 of 2012) has been in force since 2012. The era of unfair practices aimed at putting the consumers at a disadvantage has to come to an end.

The Act ensures that some of the problems we incur as consumers out of ignorance and the inadequacy of the law to protect us are dealt with.

The Act is a result of a directive from the Constitution according to Article 46 (Directly lifted from the Constitution) on Consumer Rights:

46. (1) Consumers have the right—

(a) to goods and services of reasonable quality;
(b) to the information necessary for them to gain full benefit from goods and services;
(c) to the protection of their health, safety, and economic interests; and
(d) to compensation for loss or injury arising from defects in goods or services.

(2) Parliament shall enact legislation to provide for consumer protection and for fair, honest and decent advertising.

(3) This Article applies to goods and services offered by public entities or private persons.

Let no one trample on your rights! Contact us to schedule a consultation free case evaluation, to review your situation and discuss your legal rights and options with an experienced consumer protection attorney.

The Supreme Court on Thursday delivered its judgment on the contentious Building Bridges Initiative (BBI), following its nullification by the high court and the court of appeal.

Here is a summary of CJ Martha Koome's ruling on the seven issues presented before the apex court:

Summary

1. Basic structure not applicable in Kenya

2. The President is not permitted to initiate constitutional amendment through popular initiative

3. The Second schedule for the creation of new Constituencies was unconstitutional

4. Civil proceedings cannot be instituted against the President during his tenure

5. There was reasonable public participation on the BBI bill, save for schedule 2 of the Bill

6. IEBC was legally constituted with three Commissioners

7. Multiple referendum questions not ripe for determination

Do you know of anyone who could benefit from our services? Rest assured that we'll go out of our way to take care of any new client you refer to our services.

Your trust and referrals are greatly appreciated!

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Thank you for helping us grow.

Kenya Year Book - Law Reform and Why You Should Care - Kenya Law Reform Commission (KLRC) Kenya Law Reform Commission (KLRC)

May your coffee be strong, and your Monday be productive.

Dont be busy, Be productive..

“This is what this book I had the utmost pleasure to indulge this weekend, on the politics of language in African literature has really been about:

National, democratic and human liberation. The call for rediscovery and the resumption of our language is a call for a regenerative re-connection with the millions of revolutionary tongues in Africa and the world over demanding liberation.

It is a call for the rediscovery of the real language of humankind: the language of struggle. It is the universal language underlying all speech and words of our history. Struggle.

Struggle makes history. Struggle makes us. In struggle is our history, our language and our being.

That struggle beings wherever we are; in whatever we do: then we become part of those millions whom Martin Carter once saw sleeping not to dream but dreaming to change the world.”

Ngũgĩ wa Thiong'o, Decolonising the Mind: The Politics of Language in African Literature