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Thinking of Buying a House Using Your Pension? Think Again!

On 23rd November 2022, the High Court of Kenya Judicial Review Division delivered a judgment quashing and prohibiting the implementation of the amendment of the made to Section 38(1A) of the Retirement Benefits Act, 1997 and the appurtenant Retirement Benefits (Mortgage Loans) (Amendments) Regulations, 2020 on the premise of a flawed parliamentary process and lack […]

Employment Contracts – Types of Contracts of Service

The duration of the contract of service is not expressly specified in the contract of employment or where the contract specifically indicates the term as indefinite. They do not include the final date of the employment relationship. They do not terminate by themselves but instead continue indefinitely until either the employer or employee terminates the […]

Employment Contracts – Contract of Service

In Kenya, employment contracts and employment generally are governed by the general law of contract and the principles of common law, which are now etched in the Constitution of Kenya 2010, the Employment Act No.11 of 2007, and other related statutes. The Employment Act sets out the fundamental rights of employees, as well as the […]