Sian Mutua Advocates

16/08/2022

On legal basics today, we explore the process by which an incumbent President hands over power to the President elect. We specifically look at the legal pro...

02/08/2022

On Part 2 of the episode on Coalitions, I was joined by my good friend James Tugee, FCIArb where we discussed among other things, the history of Political Party Coalitions in Kenya since independence in 1963, We look at the unique features of the Coalition Political Party as recently introduced, what to happen when officials elected under different political outfits defect after elections, and what to expect on the ballot on 9th August 2022.

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On legal basics today, we explore the history of Political Party Coalitions in Kenya since independence in 1963, We look at the unique features of the Coalit...

25/07/2022

https://youtu.be/0X5kVkHpnsc

On legal basics today, we look at the joining of two or more political parties into various outfits, and discuss the distinctive difference between a Coaliti...

18/07/2022

On Legal Basics today, we look at violence that crops at different point sof the election cycle and the various institutions involved in propagating , preven...

13/07/2022

On Legal Basics today, we look at the process of nomination of Candidates to fly the flags of their respective political parties at the August Poll, as wel...

01/07/2022

Last year there was an issue trending on Social media: many people had found their names registered as members of Political Parties against their will. Not seen any that went to court.

Today on Legal Basics, we look at the Laws Governing the formation and membership of Political parties. We highlight constitutional provisions regarding Multi-partism and the rights to voluntary membership to Political parties as well as the thresholds that a formation must meet in order to be registered as a Political party.

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Blessed Friday and happy new month to yoy and yours.

https://m.youtube.com/watch?v=dkwxS3kDt7s&feature=youtu.be

20/06/2022

It's been a circus! From people that undertook their degrees in seven months, to those who did not feature on the graduation lists but had degrees nonetheless, to those whose high schools disowned them. We are a very determined lot! Us Kenyans.
But the circus has even been more interesting elsewhere. We have seen a President of the United States being forced to produce his birth certificate because how he attained his citizenship was in question. We have been members of Parliament attack each other in another country so as to change the Constitutional age of a vying President. We have even seen an incumbent President miraculously discover that his date of birth had been wrongly noted and he was indeed young enough to contest the presidency of his country.
Age and academics are just a few of the qualifications fixed by laws to determine who can and cannot vie around the world. There are other factors, among them residency, criminal record, previous positions held, and signatures in support of independent candidates, which determine wo is qualified to vie and who is not. Today we look at wat our own laws provide in relation to those issues. We shall also look at the rationale behind those qualifications, court decisions that have had a bearing on those qualifications, as well as a compare qualifications required under the current constitution that differ from those of the Independence Constitution.
The colours on this video are not meant to signify any allegiance to any past, present or future political parties. . . The smiles are the models' own.
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20/06/2022

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13/06/2022

LEGAL BASICS: Today we look at the origin of government, the delineation of power and responsibility between the government and the governed, as well as the ...

18/05/2022

In the matter of Lydiah Mongina Mokaya v St. Leornard’s Maternity Nursing Home Limited [2018] eKLR
"The claimant’s other case is that issues of sexual harassment arose between herself and the respondent’s manager,. This arose when he would come in to deliver drugs at night and directly asked her for sexual favours which conduct riled her visiting husband . . . her application was rejected. She was the only unsuccessful candidate in these applications and links the same to the sour relations occasioned by her sexual harassment escapades with the respondent’s manager . . . Cases and instances of sexual harassment are extremely personalized and difficult to proof. More often than not, these would not be documented but comprise of overt and covert overtures by the offending party. It is therefore expected that when this arises, action should be taken towards reporting or raising the same with the powers that be, the employer or his agents. Sometimes the prevailing environment may not be facilitative of this. It would therefore be unreasonable to employ the standard burden of proof on this kind of matters. This is like in the present case . . . I also find a case of sexual harassment and discrimination at the workplace vented out by the respondent onto the claimant. . . I am therefore inclined to allow the claim and award relief as follows . . . . Kshs.600,000.00 being general damages for both sexual harassment.

Section 6(1) of the Employment Act provides that:

“An employee is sexually harassed if the employer of that employee or a co-worker-

a) Directly or indirectly requests that employee for sexual in*******se, sexual contact or any other form of sexual activity that contains an implied or express-

i) Promise of preferential treatment in employment;

ii) Threat of detrimental treatment in employment;

iii) Threat about the present or future employment status of employee;

b) Uses language whether written or spoke of a sexual nature.

LEGAL BASICS: What recourse does a person have when they are sexually harassed at their place of work/ What responsibility does an employer have in terms of ...

14/04/2022

Today we look at the unique features of independent consultancy/contracts as opposed to employment, and the distinguishing features that courts look at to arrive at the finding that such a contract does NOT amount to an employment. This distinction Is so important as it also determines whether a dispute will be referred to the employment court or the commercial court, and also prescribes the remedies that the courts are able to give. Also watch our episode on outsourcing, on this link:( https://youtu.be/6LE24aa258s )so as to be clear on whether the commercial contract has a bearing on the contract between an employee and a contractor, where the employee performs the work for a third party. Let's learn.

LEGAL BASICS: Today we look at the unique features of independent consultancy/contracts as opposed to employment, and the distinguishing features that courts...