Akiro & Associates Advocates

08/06/2026

One of the most difficult achievement in Work Injury Benefits Act (WIBA) Claims is how to enforce the Director's Decision when the Director makes an award and/or a decision and the employer fails to make payments within the timelines the Director issued; at this stage what remains is how to enforce the decision. The WIBA Act is silent on enforcement and the Court of Appeal has crafted three options:

1. An Appellate jurisdiction on the ELRC;
2. A Judicial Review jurisdiction on the Decision of the Director to the ELRC; and/or
3. Adoption & Enforcement Jurisdiction to the ELRC.

While the 1st & 2nd options are for an aggrieved party wishing to review and/or appeal the Decision of the Director, the 3rd one focuses on a successful party whom the employer seems reluctant to compensate in accordance with the Director's Decision/Award.

For any matter to end up to the ELRC for enforcement, the employer must have gambled the payment to this level. Usually, to adequately comepensate the Employee, courts do award interest from either the date of filing or the date of Ruling.

During our suit preparation time, we read about 20 Applications of this nature where Employees asked for interest from the date of the Director's Award until payment in full. Very few and in select cases will this be achieved.

We are glad to have argued precedence over the silent law on enforcement for our Client against the Employer to enforce the Director's Decision....

In this matter our (formerly) Ms. Neema & now Ms. Mwalaa represented our Client in the guidance & supervision of Mr. Akiro.

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THE CASE: eng@2026-06-04" rel="ugc" target="_blank">https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/1513/eng@2026-06-04

17/10/2025

We join the Nation in mourning. Kenya, indeed, has lost a hero.

31/08/2025

DEFAMATION

Defamation, which takes the forms of libel (written) or slander (spoken), arises when an individual or a group speaks, writes, pictures or videos you to either directly (expressly) or indirectly (impliedly) cause your public standing, character or general public image to be viewed negatively by ordinary persons.

Defamation occurs when one publishes or causes to be published false, malicious, demeaning, dishonest, negative, untrue and damaging statements about someone.

Defamation may be a post on social media, blogposts, publications on print media, oral statements to third parties, tv programs/interviews etc.
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What to do when defamed

1. Don't react recklessly/take time to vetify the statements and identify the defamer;
2. Gather all notable evidence;
3. Only use TRUTH to counter the statements;
4. Be slow to respond but quick in seeking redress (demand for rectification);
5. Engage a lawyer to draw a demand and take legal actions;
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What Evidence to gather

1. Screenshots of the statements;
2. Screenshots of comments/reactions from third parties;
3. The reputable truth on what has been shared;
4. Download the clip, if it was shared vide a video clip.
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Caution to the Defamer

If you happen to have been the publisher of defamatory texts or clips,

1. Do not panic;
2. Offer apology (while apology is an admission of wrong, it does not adequately remedy the public harm, however, it may lower the quantum of damages offered to the victim unlike if you don't apologize);
3. Gather justifications for your comments/clips (your opinion on a topic is not guaranteed justification for defamation and free speech is not without limits);
4. Generally, before posting something, be sure you have verified the truth about it.
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Actions
Your lawyer draws a demand to the perpetrators giving them 24hours to rectify.

If no apology & rectification, your lawyer will prepare and file a case in court.

REM: No action may be taken after 12 months from the date of the occurrence of the alleged defamation.
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Legal Aid Department
Akiro & Associates Advocates
Website: https://akirolaw.com

01/05/2025

Employers are advised to reconsider Arbitration clauses in Employment contracts. The developing jurisprudence around Arbitration Clauses is that:
1. The Employee lacks equal footing in bargaining for alternative choices of dispute resolution;
2. It is overly expensive to commence an arbitration cause compared to lawsuits;
3. Arbitral awards are mostly disadvatageous to employees who are seen by Arbitrators as one time clients as against corporates who'll constantly return to arbitration on other fronts; among others.

Employers are therefore advised to reconsider such clauses in the Contracts for employment...

22/02/2025

The bar to termination of employment or dismissal from employment has now been raised higher. Employers now need stronger reasons to terminate employment.

04/10/2024

Did you know that it is illegal to withhold an Employee's salary without his or her consent? Sometimes employers make this mistake or take advantage of unsuspecting employee's naivety to withhold their salaries unlawfully.

Whenever Payday is to pass and the pay is unlikely to come, inform the employee on the reason for the delay and how soon the delay will be handled. Consequently, an employee in this sort of legal drawback can now seek redress from courts in line with the terms of the contract to compel payments in good time.

However, to foster good work relationship, it is advisable to make known your disappointments and let the employer know of your demand for the withheld salary.

The delay ought to be inordinate, unreasonable and without consent/notice.

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