ChebetLaw

Simple Sample Employment Contract (compliant with Kenya Employment Law)

As Kenya’s employment laws make it mandatory for employers to provide all employees with written employment contracts, regardless of employee cadre, employers seeking to employ relatively low/semi/unskilled employees often need to balance between giving wordy and long-winded contracts on one hand, and ‘covering all the bases’ on the other. In addition, the chances of misunderstanding […]
Anti- Counterfeit Regulations of July 2021

The Anti-Counterfeit (Amendment) Regulations 2021 (“the 2021 Amendment Regulations”) were gazetted on 23rd July 2021. The 2021 Amendment Regulations substantially contain what was in the Draft regulations of 2020, which had been the subject of several discussions and public participation fora. Perhaps most notably, the 2021 Amendment Regulations introduce provisions that open the doors for […]
Introduction of Customs Recordation for Imports in Kenya

The Anti-Counterfeit (Recordation) Regulations 2021 (“2021 Recordation Regulations”) have introduced a customs ‘recordation’ and a ‘customs watch’ regime of intellectual property rights in Kenya, targeted at more effective anti-counterfeit and anti-illicit trade measures at Kenya’s porous borders. Customs recordation or recordal is a process whereby owners of intellectual property rights, most commonly trade marks (brands) […]
Kenya Data Protection Compliance Guide: The Privacy Principle

In our third article in our Data Protection law series, we discuss the principles of data protection and how organisations can implement them. Principles & Rights based legislation Those who are by now familiar with Kenya’s Data Protection Act of 2019 will appreciate that this law, like the EU’s GDPR. is inward looking; it requires […]
Kenya Data Protection Compliance Guide: Overview

With President Kenyatta’s nomination, in October 2020, of Ms Immaculate Kassait as Data Commissioner and communicating the nomination to the National Assembly for its approval, it appears to be only a matter of time before the office of the Data Protection Commissioner is staffed, and the Data Protection Act of 2019 operationalized. The office of […]
Kenya’s Recognition of Electronic Signatures

The use of electronic signatures is regulated by the Kenya Information and Communication Act, 1998 (“KICA”). KICA, under section 83P, recognizes the legality of ‘electronic signatures’ as well as ‘advanced electronic signatures.’ An advanced electronic signature as that which is: uniquely linked to the signatory; capable of identifying the signatory; created using means that the […]
Trade Mark Trafficking? High Court Rules in Favour of Barclays Bank

In the High Court’s decision in ABSA Kenya Limited versus Barclays Bank here, the Court addressed itself to what amounts to ‘using’ a registered trade mark in Kenya. The decision and the Court’s analysis is important because of hitherto scanty decisions on the topic, despite the clear statutory provision in the law that requires a […]
Disney trade marked Hakuna Matata in the US, but unlikely in Kenya and East Africa

https://www.businessdailyafrica.com/analysis/ideas/How-US-firm-trademarked-the-hakuna-matata/4259414-5197122-o853diz/index.html
Legal Issues Arising from Motor Vehicle Classification and Use: ‘Ride hailing’ Digital Service Providers, Probox and Double Cabin Pick-Up

Under Kenya’s traffic, road and transport laws, a Probox and a bodaboda are not Public Service Vehicles (PSVs), a Double-Cabin Pick-Up is not a commercial vehicle, and there is no category of vehicle called ‘private’ vehicle. The Traffic Act classifies motor vehicles into the following specific categories: – Motor cycles – Motor car – Invalid […]

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