How the tourism industry has been battling to deal with the effects from COVID-19

Misconduct in the workplace: Managing labour relations

Recent rulings in cases such as Mondry Ngobeni and 51 Others v Interspray Durban CC JS739-18 (LC) and SARS v CCMA JR 2223-20 (LC) offer valuable insights for employers navigating the complexities of labour relations and misconduct.

The impact of the fluctuation of the Kenyan currency with regards to investment in Kenya

The Kenyan shilling dropped significantly in value (by approximately 22%) against the US dollar between March 2022 and January 2024. During this period there was a continuous drop in value with the lowest rate being KES 160.80 per dollar in January 2024. Various factors have been attributed to the depreciation of the shilling against the dollar, including the COVID-19 pandemic, which affected the global economy; rapid monetary policy tightening by the US Federal Reserve; the Russia-Ukraine war and the subsequent sanctions against Russia which disrupted supply chains; drought; and the Kenyan Government’s heavy debt burden, which reduced Kenya’s reserves below the required level of not less than the value of four months’ worth of imports. In February 2024, the shilling gained against the dollar from KES 160 to KES 145 and, as at 6 March, the shilling stands at 142.8 against the dollar. It is not certain whether this upward trend will continue or if future declines/fluctuations are to be expected. In this article, we discuss the actions taken by the Government to mitigate this, look at the impact of fluctuation of the Kenyan currency on investments, and propose somesolutions.      Mitigation measures by the Government

Njeri Wagacha talks to Eric Mwangi

Every month CDH Kenya Partner Njeri Wagacha publishes a podcast 'Njeri Talks Law'.

To institute or not to institute liquidation proceedings (that is the question)

It is a well-established principle in our law that insolvency/liquidation proceedings are not meant to be used for the recovery of a debt – the courts regard this as an abuse of (legal) process. Rather, the purpose of insolvency proceedings, as per Trengove AJ in Investec Bank Ltd and Another v Mutemeri and Another (O9/22247) ZAGPJHC 64 is “ to bring about a convergence of the claims in an insolvent estate to ensure that it is wound up in an orderly fashion and that creditors are treated equally ”.

Customs and excise

Deep dive into the Supreme Court’s decision in Symon Wairobi Gatuma v Kenya Breweries Limited

It is now well understood that any unilateral amendment to an employment contract amounts to an unfair labour practice under section 45 of the Employment Act 11 of 2007 (the Employment Act). This has recently been reiterated by the Supreme Court of Kenya in Symon Wairobi Gatuma v Kenya Breweries Limited and Three Others, Petition E023 of 2023 (the Supreme Courtdecision).   The Supreme Court decision is, however, more than just a decision on unilateral amendments to employment contracts. It addresses and provides guidance as to how to treat employees during business restructuring exercises and redundancies.