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Legal Articles & Commentary

Read expert legal articles, analysis, and commentary on Kenyan law, construction, employment, corporate matters, and public policy. Stay informed with the latest legal developments.

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Union Governance in Kenya: Evolving Jurisprudence on Power, Accountability, and Rights in 2026
Collins Aluga

Union Governance in Kenya: Evolving Jurisprudence on Power, Accountability, and Rights in 2026

The year 2026 marks a significant moment in the development of labour jurisprudence in Kenya, particularly in the area of union governance.

Employment & Labour Law
Employee Rights in Kenya: The ELRC’s Expanding Protection of Workers in 2026
Employment & Labour Law
22 March 2026
Collins Aluga

Employee Rights in Kenya: The ELRC’s Expanding Protection of Workers in 2026

Recent jurisprudence from the Courts (ELRC) in 2026 reflects a decisive shift in the protection of employee rights in Kenya.

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The Death of Informal HR in Kenya: Why Documentation Is Now a Legal Imperative
Employment & Labour Law
22 March 2026
Collins Aluga

The Death of Informal HR in Kenya: Why Documentation Is Now a Legal Imperative

For many years, a significant number of employers in Kenya, particularly in fast-paced or informal sectors, have managed employment relationships through unwritten practices. Verbal agreements, undocumented disciplinary actions, and loosely structured HR processes have been commonplace.

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Procedural Fairness in Employment Law: Why It Is Now Non-Negotiable in Kenya
Employment & Labour Law
22 March 2026
Collins Aluga

Procedural Fairness in Employment Law: Why It Is Now Non-Negotiable in Kenya

In recent years, and with increasing clarity in 2026,the Employment and Labour Relations Court (ELRC) has fundamentally reshaped the landscape of employment law in Kenya.

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A Practical Compliance Guide to the Data Protection Act in Kenya
Executive & Governance Advisory
13 March 2026
Collins Aluga

A Practical Compliance Guide to the Data Protection Act in Kenya

Over the last few years, data protection has moved from being an abstract legal concept to a daily operational reality for organisations in Kenya. The enactment of the Data Protection Act, 2019 established a comprehensive framework governing how personal data should be collected, processed, stored,

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The 10 Biggest Data Protection Mistakes Kenyan Organisations Keep Making
Executive & Governance Advisory
13 March 2026
Collins Aluga

The 10 Biggest Data Protection Mistakes Kenyan Organisations Keep Making

Over the past few years, Kenya has quietly entered a new era of privacy regulation. What began as a legislative experiment with the enactment of the Data Protection Act, 2019 is rapidly evolving into a robust compliance regime driven by regulatory enforcement and judicial oversight.

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Mediation in Kenya and Why Courts Uphold Mediation Agreements
LITIGATION & ADR
11 March 2026
Collins Aluga

Mediation in Kenya and Why Courts Uphold Mediation Agreements

Mediation has become an important component of Kenya’s justice system as part of the broader framework of Alternative Dispute Resolution (ADR). The Constitution of Kenya 2010 recognizes the importance of resolving disputes through mechanisms other than traditional litigation...

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The Doctrine of Pleasure in Kenyan Public Employment Law: From Absolute Power to Constitutional Accountability
Employment & Labour Law
9 March 2026
Collins Aluga

The Doctrine of Pleasure in Kenyan Public Employment Law: From Absolute Power to Constitutional Accountability

For many years in public service law, government employment was governed by a powerful and controversial principle known as the Doctrine of Pleasure.

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When Justice Meets Public Interest: Stay of Execution Against State Corporations
LITIGATION & ADR
8 March 2026
Collins Aluga

When Justice Meets Public Interest: Stay of Execution Against State Corporations

One of the most fundamental principles of the rule of law is that Court judgments must be obeyed. A successful litigant is entitled to enjoy the fruits of their judgment without undue delay.

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Buyer Beware: Why Land Purchasers Must Exercise Extreme Caution When Buying Property in Kenya
Construction, Infrastructure & Real Estate
5 March 2026
Collins Aluga

Buyer Beware: Why Land Purchasers Must Exercise Extreme Caution When Buying Property in Kenya

Buying land is one of the most important investments many people make. For many families, it represents years of savings and the promise of security for the future.

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Client Alert | Criminal Process vs Civil Disputes: A Clarification by the High Court
LITIGATION & ADR
28 February 2026
Collins Aluga

Client Alert | Criminal Process vs Civil Disputes: A Clarification by the High Court

Recent decisions of the High Court have provided important clarity on a recurring issue in Kenyan legal practice: the intersection between civil disputes and criminal investigations.

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When Procedure Becomes Destiny: Lessons for Businesses from Disney Insurance Brokers (K) Ltd v Kenya Ports Authority (PPARB Application No. 12 of 2026)
Banking, Finance & Procurement
22 February 2026
Collins Aluga

When Procedure Becomes Destiny: Lessons for Businesses from Disney Insurance Brokers (K) Ltd v Kenya Ports Authority (PPARB Application No. 12 of 2026)

In the world of public procurement, opportunity and risk walk hand in hand. Government tenders offer businesses access to significant commercial value, long-term contracts, and institutional credibility.

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When Time Became Contested: A Landmark Trademark Showdown in Kenya
Intellectual Property Law
20 February 2026
Collins Aluga

When Time Became Contested: A Landmark Trademark Showdown in Kenya

In a market where visibility is currency and branding is power, a dispute over clocks turned into a defining moment for trademark law in Kenya.

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