Chebet & Co. Advocates

  • Gardaland Sea Life

  • Novel Employer Liability Issues in Kenya: Employers’ Liability For Employees’ Contracting Diseases (such as COVID-19) in the workplace, and for Injuries Sustained by Employees when ‘Working from Home’

    The Work Injury Benefits Act of 2007 (WIBA) is statute which provides for compensation to employees for work related injuries and diseases contracted in the course of their employment and for connected purposes. Of particular importance, an employer is liable to compensate an employee for personal injury, including contracting a disease, and or death if these arise while the employee is at work. WIBA came into force on 2nd June 2008, a successor of the Workmen’s Compensation Act (CAP 236), following a review and overhaul of Kenya’s labour laws from 2001-2007 with the aim of introducing…

  • Kenya’s 2019 Census: What you need to know

    Kenya’s 2019 National Population and Housing Census is just under 10 days away. The census will be conducted pursuant to The Statistics (Census of Population) Order 2018, which details the census date and the information each person being counted will be required to provide. This will be the sixth national census since independence, and the first under Kenya’s devolved government system under the 2010 Constitution, which means that the stakes are high both for the national and for the county governments as well. The Statistics (Census of Population) Order 2018 details the census date and…

  • Newly reintroduced capital gains on IP in Kenya

    http://afro-ip.blogspot.com/2014/09/cgt-resurrected-in-kenya-but-effect-on.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+Afro-ip+%28Afro-IP%29

  • Protectionist legislation and its impact on a country’s economy

    I was startled to read an article published in the BD Africa of 12th August 2014 by l(online version at http://www.businessdailyafrica.com/Opinion-and-Analysis/Abolish-restrictions-on-ownership-of-firms-by-foreign-investors-/-/539548/2416964/-/iglecdz/-/index.html) Mr Miano’s views can be summarised by his closing sentence:”Legal restrictions are just another form of unnecessary red tape. They inhibit the flow of foreign direct investments”. I disagree with learned counsel. Legal restrictions for foreigners in any country serve the obvious function of promoting and encouraging what is ‘home-grown’. There are arguments for and against such protectionist policies, but I am yet to see evidence proving that FDI is directly significantly reduced by…

  • Immortality: The internet, privacy and the after-life

    I recently read an English translation (with Google translate) of an interesting article (http://www.marketingfacts.nl/berichten/20110722_van_leven_ga_je_niet_meer_dood?sqr=van%20leven%20ga%20je%20niet%20meer%20dood&) by Erik van der Dussen. No its not because his name is Dutch and I am suspecting-despite my minimalist affection for football- the Dutch will take the Bola, but because I was researching on some ‘cloud’ issues. The article got me thinking of how the internet has revolutionized our life, and immortalised us. This year marked the 25th anniversary of the internet and i read a couple of statements about what the next 25 years of the internet will be. “One…

  • Kenyan ads and the World Cup

    As we get closer to the Brazil 2014 World Cup, there is an increasing number of advertisements on radio, television, newspapers and the internet which make reference to the World Cup. Of course, many of these advertisements have absolutely nothing to do with promoting the FIFA World Cup as such; rather, they are adverts that promote products or services of companies whilst at the same time taking advantage of the hype and excitement surrounding the World Cup. For example, you may have an advert by an airline promoting its services that carries the tagline ‘We’ll fly you to Copa 2014’ or an…

  • Of Copyright and Weddings: Not-so-strange bed fellows

    I could not afford not to smile when I came across a news item concerning a battle of sorts between ‘owners’ or producers of the wedding shows ‘Samantha Bridal’ and ‘Baileys Weddings’ both currently aired at least weekly in Kenya’s TV stations. Not that I am one to smile at ladies in wedding gowns battling it out ( a sight that may soon be witnessed in Kenya following Parliament’s passing of the Marriage Bill that allows a man, whilst married, to marry a second…a third… a forth wife *you get the picture* ). Rather, I smiled because…

  • Kenya to receive specific fees from international trade mark registrations

    On 12th of March this year, Kenya, a member of the Madrid Union, having signed and acceded to both the Madrid Agreement (here http://www.wipo.int/wipolex/en/wipo_treaties/text.jsp?file_id=283530) and the Protocol to the Agreement (here http://www.wipo.int/wipolex/en/wipo_treaties/text.jsp?file_id=283484) concerning the international registration of trade marks via the WIPO administered ‘Madrid System’, notified WIPO (aka the International Bureau) of its intention to receive specific fees known as ‘individual fees’ from applicants designating Kenya in Madrid system applications. See the notification here http://www.wipo.int/treaties/en/notifications/madridp-gp/treaty_madridp_gp_202.html.  The Madrid Protocol provides that any of its members may declare that in connection with an international registration designating it, it…

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