What is Constructive Dismissal? Constructive dismissal occurs when an employee resigns because their employer has made working conditions unbearable or intolerable. Unlike a normal termination—where the employer directly ends the contract—constructive dismissal happens when the employer’s conduct effectively forces the employee to quit. Although the Employment Act, 2007 does not expressly mention constructive dismissal, Kenyan...Read More

Introduction The Presumption of Marriage in the Post-Marriage Act, 2014 is one of the most debated family law topics in Kenya today. While the Marriage Act, 2014 sought to streamline and formalize all marriages, a large portion of Kenyan couples continue to live in unregistered unions—commonly known as come-we-stay relationships. These informal arrangements raise critical...Read More

Guardianship Under the Mental Health Act in Kenya Introduction What happens when a loved one is diagnosed with a mental disorder and becomes unable to manage their personal affairs or property? What legal steps can families take to ensure their welfare and protect their estate? Guardianship under the Mental Health Act Kenya provides a clear...Read More

Understanding Redundancy Under Kenyan Law Redundancy means losing your job because of factors beyond your control. It does not happen due to poor performance or misconduct. Instead, it may result from business restructuring, economic struggles, new technologies, or company closure. Under Section 2 of the Employment Act, 2007, redundancy is defined as an involuntary job...Read More

What is a Constructive Trust? A constructive trust is an implied trust that courts establish when someone wrongfully obtains or holds legal property. Even if they hold legal title, they are not entitled to keep the property due to unfair conduct. According to Halsbury’s Laws of England, 4th Edition, Volume 48 at paragraph 690: “A...Read More

Understanding Wills in Kenya: Frequently Asked Questions Introduction Writing wills in Kenya is one of the most important steps in estate planning. In Kenya, a valid will ensures your property is distributed according to your wishes and prevents disputes among beneficiaries. This guide answers common questions about wills in Kenya, including legal requirements, validity, and...Read More