Legal Article Archives - Nyihamukoma & Co Advocates

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Vicarious Liability and the Scope of Employment: Lessons from the Case of BM Security Limited v. Kibira & Another

March 28, 2025by Steve Kebenei

In the aftermath of the incident, the 1st respondent filed a suit against the 2nd respondent for negligence, alleging that the 2nd respondent was acting within the course and scope of his employment with BM Security Limited. However, the appellant, BM Security Limited, denied liability, contending that the 2nd respondent was not acting within the scope of his employment when he carried the 1st respondent as an unauthorized passenger, in direct contravention of the company's express prohibitions and the 2nd respondent's contractual obligations.

Safeguarding the finality of arbitration

July 8, 2024by Adrian Nyiha

The grounds for setting aside arbitral awards are provided under Section 35 (2) and (3) of the Arbitration Act, including “where the award deals with a dispute not contemplated or is outside the terms of reference to arbitration or matters beyond the scope of reference”. The Court of Appeal addressed itself to whether the judge set aside the award outside of this ground.

Understanding the Conflict of Interest Bill, 2023

March 11, 2024by James Nyiha

At the heart of the Act are the specific and general Codes of Conduct and Ethics, which lay down the fundamental principles guiding public officers. These codes emphasize efficiency, honesty, conflict of interest avoidance, political neutrality, and the shunning of nepotism. Moreover, they mandate public officers to submit biennial financial declarations, enhancing financial transparency.

Comments on the Marriage (Amendment) Bill, 2023

September 20, 2023by Nyiha, Mukoma & Company Advocates

Marriage is not simply the legalization of an informal union, of some “set of heterosexual unions undertaken with some idea of duration and manifested to the relevant social environment.”[1] Rather, marriage is a union of unconditional love between a man and a woman. In marriage, a man and a woman pledge to love each other without conditions, giving themselves completely to each other.

On the applicability of the ‘in duplum’ rule to micro-finance institutions

May 8, 2023by Adrian Nyiha

Across several jurisdictions and eras of history, dating back even to several thousands of years ago,[1] the in duplum rule aims to prevent interest rates from skyrocketing indefinitely. Whether the in duplum rule should apply to lenders other than banks is a complex question. It is instructive to compare banks to other lenders, such as micro-finance institutions (MFIs).

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

April 3, 2023by Adrian Nyiha

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.

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