The Human Resource (“HR”) Office has today evolved to become a critical component of an organization encompassing a variety of functions such as recruitment, training, employee satisfaction, and employment law compliance. Today human resources represent a sine- qua non condition in the production process, a factor that can directly influence the level of performance of the organization. By managing the most important asset, people, the HR department in any company is a vital part that ensures the smooth running of the business, the engagement of the workforce and the prevention of detrimental lawsuits regarding labour matters.
The introduction of Kenya’s first Data Protection Act, 2019 (“the Act”), brought an end to the era of navigating the murky waters of the previous disjointed frameworks of data protection legislation.
The Sexual Offences Act, No.3 of 2006 was enacted to remedy the shortcomings of the now repealed sections of the Penal Code and which were seen to be too lenient to sexual offenders upon sentencing.
The overriding and undeniable position in law is that when it comes to children matters, the best interests of the child will always trump over all other rights that come into contact and or conflict with these interests. However, where a court of law is called upon to balance the best interest of the child and parental rights and responsibilities in view of conflicting claims by both parents;
The principle of a bona fide Purchaser for value without notice has long been the preferred defense of a purchaser who finds him/herself in ownership wrangles where there are challenges to the Certificate of Title held by him or her. Courts have variously held innocent such a purchaser, where it is demonstrated that indeed all necessary due diligence was conducted prior to the purchase and that he/she had no knowledge of any defects in the title transferred by the Seller and was not party to any fraudulent conduct involved therein.
The Data Protection Act 2019 brought with it a number of compliance strategies for companies, among them conducting of Data Protection Impact Assessments. Section 31 of the Act mandates a data controller or a data processor to conduct a Data Protection Impact Assessment [DPIA] prior to a processing operation that would result in high risk to the rights and freedoms of a data subject.
