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Employment and Labour Law
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Corporate Law
Employment and labor law in Kenya is primarily governed by the Employment Act, 2007, which provides the legal framework for employment relationships in the country. The law sets out the rights and obligations of both employers and employees and aims to promote fair employment practices. Here are some key aspects of employment and labor law that we handle:
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Employment Contracts: The Employment Act requires employers to provide written employment contracts to employees within three months of starting employment. The contracts should include terms and conditions of employment, such as job description, working hours, remuneration, leave entitlements, termination provisions, and dispute resolution mechanisms.
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Minimum Employment Standards: The law sets out minimum standards for employment, including provisions related to minimum wages, working hours, annual leave, sick leave, maternity leave, public holidays, and termination notice periods. These standards are aimed at ensuring fair treatment and protecting the rights of employees.
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Health and Safety: Employers in Kenya have a legal duty to provide a safe and healthy working environment for their employees. The law requires employers to take necessary measures to prevent accidents, provide appropriate training and protective equipment, and establish health and safety committees in workplaces with a certain number of employees.
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Discrimination and Harassment: The Employment Act prohibits discrimination in employment on the grounds of race, sex, pregnancy, marital status, disability, religion, or political opinion. It also prohibits sexual harassment in the workplace and requires employers to take steps to prevent and address any such incidents.
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Termination of Employment: The law outlines the procedures and requirements for the termination of employment, including notice periods, severance pay, and redundancy procedures. It sets out the grounds for lawful termination and provides protection against unfair dismissal.
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Collective Bargaining and Trade Unions: The Employment Act recognizes the right of employees to form and join trade unions and to engage in collective bargaining. It outlines the procedures for trade union registration, rights and obligations of trade unions, and the process for resolving disputes between employers and trade unions.
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Dispute Resolution: The law provides for the resolution of employment disputes through conciliation and arbitration. It establishes the Employment and Labor Relations Court, which has jurisdiction over employment-related disputes and provides a forum for employees and employers to seek redress.
Corporate Law
Corporate law is a legal area that presides over the conception and functioning of companies. This pertains to the fields of contract and commercial law. In conformity with state regulations, a corporation represents a commercial enterprise structured as a legal entity. The regulation of the establishment, structure, and cessation of corporations is governed by varying legislations across distinct jurisdictions. A corporation is a legal construct that exists as a separate entity from its shareholders, possessing the capacity to engage in contractual relationships, institute legal proceedings, and undertake other operations necessary for the maintenance of a commercial enterprise such as: Sole Proprietorships, Companies, and Partnerships. Religious bodies, local churches, and Non-Governmental Organizations.
Mvera, Nyanje & Mambo Advocates LLP (MN&M) has an elaborate division in authority for: actualizing or guide in the: registration of corporate bodies; Management of the corporate bodies; and dissolution of the same. In the management of corporate entities, the Firm conducts legal audits to confirm compliance of the entities with the laws in place. The essence of the legal audit is to avoid criminal liability and increase the chances of winning any legal suit to 98%.
Further, the Firm undertakes:
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- Corporate governance - the monitoring and regulation of a company's management activities;
- Mergers and acquisitions - the strategic pursuit of one company to merge with or acquire another company.
- Private equity - the process through which investors seek to invest in privately owned companies. This approach is typically preferred by investors who aspire to provide funding for early-stage businesses or gain control of established firms that are not publicly traded.
- Securities - which serve to prevent activities such as fraudulent practices and insider trading.
- Venture capital - collaborating with investors seeking to procure funding for nascent, emerging enterprises.
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In commercial transactions, the firm has extensive experience in: conducting due diligence; drafting; executing; editing; perusing and advising on: Purchase & Sale Agreements; Non-Disclosure & Confidentiality Agreements; Capital Equipment Purchase and Leases; Commercial Security Agreements; Commercial Property Leases; Construction Contracts; Consulting Agreements; Distribution, Dealer, and Sales Representative Agreements; Employment Agreements; Guaranties for Financing; Inter-Creditor, Subordination and other Banking and Lending Agreements; Joint Venture Agreements; Loan Agreements; Mortgages, Liens, Deeds and Easements; Security Agreements/Instruments; and Shareholder Agreements among others.
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Intellectual Property (IP) is described as the creation of the mind. Intellectual Property Rights (IPR) bestow upon the inventor/creator or their assignee a solitary right to completely employ their invention/creation for a specified duration. It is widely acknowledged that IP assumes a pivotal function in contemporary economics.
The significance of intellectual labor in innovation has been firmly established, as it constitutes a crucial factor in ensuring that public benefit is derived from such endeavors. The realm of research and development (R&D) has witnessed a substantial surge in costs, accompanied by a corresponding increase in the required investments for commercializing a novel technology.
Although all doctrines of IP are intangible, IP has acquired the same attributes as tangible property. Most forms of IP can be registered, sold, leased, transferred, licensed and used as security. Further to the foregoing, Kenyan law requires that all forms of IP regardless of their place of registration to be recorded with the Government.
In IP registration, we aid in: Conducting searches to ascertain the credibility of the applications; drafting specifications, lodge applications; give clarity on any issues that arise from the applications; advise and defend clients on issues relating to registration or protection of IPR; and commercialization of IP. Further, we advise and litigate on trade secrets and traditional Knowledge. The Firm also advises on Collective Management Organizations in Copyright and undertakes Recordation of IP.
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Corporate law is a legal area that presides over the conception and functioning of companies. This pertains to the fields of contract and commercial law. In conformity with state regulations, a corporation represents a commercial enterprise structured as a legal entity. The regulation of the establishment, structure, and cessation of corporations is governed by varying legislations across distinct jurisdictions. A corporation is a legal construct that exists as a separate entity from its shareholders, possessing the capacity to engage in contractual relationships, institute legal proceedings, and undertake other operations necessary for the maintenance of a commercial enterprise such as: Sole Proprietorships, Companies, and Partnerships. Religious bodies, local churches, and Non-Governmental Organizations.
Mvera, Nyanje & Mambo Advocates LLP (MN&M) has an elaborate division in authority for: actualizing or guide in the: registration of corporate bodies; Management of the corporate bodies; and dissolution of the same. In the management of corporate entities, the Firm conducts legal audits to confirm compliance of the entities with the laws in place. The essence of the legal audit is to avoid criminal liability and increase the chances of winning any legal suit to 98%.
Further, the Firm undertakes:
- Corporate governance - the monitoring and regulation of a company's management activities;
- Mergers and acquisitions - the strategic pursuit of one company to merge with or acquire another company.
- Private equity - the process through which investors seek to invest in privately owned companies. This approach is typically preferred by investors who aspire to provide funding for early-stage businesses or gain control of established firms that are not publicly traded.
- Securities - which serve to prevent activities such as fraudulent practices and insider trading.
- Venture capital - collaborating with investors seeking to procure funding for nascent, emerging enterprises.
In commercial transactions, the firm has extensive experience in: conducting due diligence; drafting; executing; editing; perusing and advising on: Purchase & Sale Agreements; Non-Disclosure & Confidentiality Agreements; Capital Equipment Purchase and Leases; Commercial Security Agreements; Commercial Property Leases; Construction Contracts; Consulting Agreements; Distribution, Dealer, and Sales Representative Agreements; Employment Agreements; Guaranties for Financing; Inter-Creditor, Subordination and other Banking and Lending Agreements; Joint Venture Agreements; Loan Agreements; Mortgages, Liens, Deeds and Easements; Security Agreements/Instruments; and Shareholder Agreements among others.
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