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Articles

More Just Inheritance Laws for Our Sisters and Mothers: Provisions of the Law of Succession Act Deemed Unconstitutional

Conforming the definition of “spouse” in the Law of Succession Act to that in the Marriage Act. This would mean that, even for purposes of succession, men in monogamous marriages would have no legal capacity to marry other women under customary law, and their wives in their monogamous marriages would need not fear being automatically disinherited of matrimonial property. This is especially important given that, as of 2019, there are six times more widows than widowers in Kenya.[1] Even biologically, men just have a lower life expectancy.

On the Proposed Minimum Tax

Profit maximization as a motive bodes ill for many. Employees’ wages, product quality, fair prices, and just taxes – all of these are casualties incurred to an extent that parallels the leeway on which landholders are granted the right to absolute use and abuse of their property. The use of the corporation as a vehicle for the avoidance of taxes is certainly not without precedent.

LEGAL ALERT: The Employment and Labour Relations Court does not have jurisdiction to hear and determine constitutional issues if the dispute did not arise from an employer-employee dispute – Court of Appeal

The Court of Appeal in Kenya recently overturned a judgement by the Employment and Labour Relations Court (“ELRC”) that declared the National Social Security Fund (“NSSF”) Act unconstitutional. The Court of Appeal found that the ELRC lacked jurisdiction to consider the constitutionality of the Act as the dispute was not between an employer and employee, the sole statutory purview of ELRC’s jurisdiction. The...

INCREASE OF CAPITAL GAINS TAX IN THE FINANCE ACT FROM 5% TO 15%

"..The increase of CGT from 5% to 15% might hurt investor confidence in the property market. Halfway through 2022, reports from Hass Consult and the media have shown that demand for land and property... The property market is heading for unchartered waters. The Finance Act 2022 presents new and unique challenges for key stakeholders in Real Estate. Specifically, the Act seeks to triple capital gains tax (hereinafter referred to as ‘CGT’) from 5% to 15%.

Vicarious Liability of Employers: The Case of an Independent Contractor

"..the burden of proof in any case…lies with the party who desires any court to give judgment as to any legal right or liability; (it) is for that party to show the facts which he alleges his case depends upon exist... A 14 year legal dispute culminated in a January 2020 decision of the Court of Appeal at Nairobi. This was in Board of Governors St. Mary’s School v Boli Festus Andrew Sio [2020] eKLR where the firm of Nyiha, Mukoma & Company Advocates represented the Appellant.

Nyihamukoma & Co AdvocatesContact us
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Nyihamukoma & Co AdvocatesContact us
Advocates, Commissioners for Oaths and Notaries Public.
OUR LOCATIONWhere to find us?
https://nyihamukoma.com/wp-content/uploads/2023/03/img_footer_map.png
P.O. Box 28491- 00200 Nairobi Kenya
GET IN TOUCHNyihamukoma Social links
Visit our social pages.
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