Rashid & Obayi Advocates

10/04/2024

Today, we join the Muslim community to celebrate this day- Eid.

We wish you all a happy Eid.

05/09/2023

I share this with all and sundry in good faith. I hope someone will benefit. To counsel, Gladys Mwangi, thank you for this.

20/08/2023

https://www.linkedin.com/posts/rashid-obayi-advocates_forfeiture-of-annual-leave-no-way-activity-7099018977506471938-yuSj?utm_source=share&utm_medium=member_ios

"An employer must ensure every employee has taken annual leave as and when due." In this alert, we analyze forfeiture of annual leave under the Kenyan…

10/08/2023

Any transaction involving the payment of KES. 200/- and above ought to be evidenced by a receipt/written contract. That is the law.

In any case good people, develop the habit of requesting for a receipt for all transactions you make payment for. In the alternative, please pay via Mpesa or direct money transfer via the bank.

Happy weekend ahead!

05/08/2023

Free Legal Advice,

An Employer SHALL NOT terminate an Employee on account of poor performance, unless the Employer can show that:

1. They had put in place a policy on how to measure good performance as against poor performance;

2. They had put in place measures to address poor performance, e.g a performance improvement program (PIP);

3. The Employee was offered a chance to explain their poor performance;

4. The Employee was offered a chance to improve their performance, but they did not.

An Employer’s failure to demonstrate the above would entitle the Employee to compensation for unfair termination.

03/08/2023

Legal Caution:

No matter how good a deal is, never sign any agreement without your lawyer’s review. Clauses such as Non-compete; limitation of liability; compensation; dispute resolution; force majeure; and termination require a close scrutiny by your lawyer.

This advice is freely given, may you freely receive.

28/06/2023

Are you aware of the Small Claims Court? AKA the “Hustler’s Court”?. if not, here are few facts about the court:

1. One can file a case in this court to recover money owed to them but not exceeding Kshs. 1000,000.
2. Your case shall be concluded within 60 days.
3. Filing fees are affordable- Between Kshs. 200/- and 1000/-
4. Lawyer’s fees are equally friendly.

For more information, get in touch!

25/06/2023

You want to buy land? Then you must NOT:

1. Pay a deposit of the purchase price before signing a sale agreement.
2. Buy a deceased person’s land before the succession process is complete.
3. Buy land before visiting the land in person for inspection.
4. Buy land before conducting a historical search (obtaining a green card)
5. Buy land before finding out its user, e.g agricultural or commercial.
6. Buy a leasehold title before perusing the original title or lease documents to determine its terms/conditions and term limits.

These are just some of the things you need to know.

We advise on purchase and sale of land transactions to ensure our client obtains a genuine title. Reach out!

22/06/2023

DISMISSAL FROM EMPLOYMENT!

Lawful dismissal from employment constitutes two main ingredients:-

1. The employee must be given a lawful reason for termination; and
2. The employee must be taken through a free and fair disciplinary process.

Anything short of the above is unlawful dismissal and one would be entitled to compensation.

20/06/2023

At what point should an accused person instruct a lawyer? Is it after the closure of the prosecution’s case? Or before?

Our response to the above is that you need us as soon as the handcuffs kiss your wrist. You stand to lose a great opportunity to defend yourself if you wait until the court determines that you have a case to answer.

Now you know!

18/06/2023

What happens when your parents die leaving behind property?

1. You must petition the court for a Grant of Letters of Administration of the estate (where they left no will).
2. After obtaining the Grant, you must apply for the transfer of the property into your name.
3. Obtaining the Grant alone is not enough.

We offer these and related services at our firm!

16/06/2023

LEGAL ALERT!

Associations, societies, or chamas are common in Kenya for various reasons. But what are the regulatory requirements in this regard? Here are a few you may need to know.
1. It should be registered with the Registrar of Societies and issued with a certificate of registration (where membership is more than 10 people)
2. It must have an office and postal address;
3. It must notify the Registrar within 14 days of any changes to the association’s leadership or official address;
4. It must have rules or a constitution that complies with section 19 of the Societies Act.
5. It must not change its constitution or rules without the Registrar’s consent;
6. It must have a register of members;
7. It must hold a general meeting at least once a year; and
8. It must file annual returns.

The above are just a few of the many regulatory requirements. Is your association compliant?