In an era where every click, swipe, and share leave a digital footprint, the sanctity of personal privacy is more critical than ever. Enshrined in Article 31 of the Constitution of Kenya, this right to privacy is the bedrock upon which our digital lives stand. Yet, recent events have thrust this right into the spotlight […]
Assisted Reproductive Technology: the solution to infertility
Fertility is a source of pride and joy for some people and cultures because it allows for the continuation of one’s family lineage, the fulfillment of personal desires for parenthood, and the contribution to the growth of a community or society. The inability to conceive or carry a pregnancy to full term (infertility) after a […]
The Burden of Financial Distress in Healthcare
When healthcare systems fail to provide adequate financial protection for individuals seeking care, it can lead to significant economic hardship or catastrophic expenses as they must cover the costs of necessary medical services. Despite being a fundamental requirement of Universal Health Coverage (UHC), ensuring financial protection has proven challenging in many countries, particularly those with […]
Understanding the Contribution rates and the process of Contracting-Out of Tier II Contributions under the NSSF Act, 2013
The National Social Security Fund Act (herein the “NSSF Act”), 2013 was assented into law on 24th December 2013 & commenced operation on 10th January 2014. Soon thereafter, several trade unions filed Petitions with the Employment and Labour Relations Court (ELRC) challenging the constitutionality of the NSSF Act. The issues raised in the petitions included […]
Termination of Probationary Contracts
In Monica Munira Kibuchi & 6 others v Mount Kenya University; Attorney General (Interested Party) [2021] eKLR, a three Judge Bench declared Section 42(1) of the Employment Act null and void citing it was inconsistent with Articles 24, 41 and 47 of the Constitution to the extent that it excluded an employee holding a probationary […]
Tax Refunds: What to do when you overpay taxes
Discovering that you have overpaid your taxes can be an unexpected surprise, and while it may not be as infamous as tax evasion or avoidance, it is a situation worth exploring. Tax overpayments can happen for various reasons, from monthly tax rates leading to higher taxes compared to the annual rates, to certain benefits available […]
From Pixels to Profits: Demystifying Image Rights
Last year, the High Court in Machakos caught headlines when it delivered a landmark decision that addressed the issue of image rights in relation to privacy rights and data protection laws in Wanjiru v Machakos University (Petition E021 of 2021) [2022] KEHC 10599 (KLR). The petitioner accused Machakos University of infringing her intellectual property rights, […]
Lessening the Burden: Tax Relief, Amnesty, Waiver, and Exemption
Alongside death, taxes are the other sure thing in life. Taxes should not be regarded as a matter of life and death, but rather as a necessary obligation to support public services and infrastructure. While taxes play a vital role in society, it is essential to maintain a balanced perspective and recognize that they should […]