Our team represented a leading US-based global professional services network
Our team represented a leading US-based global professional services network
We represented a leading US-based global professional services network in a cluster of related actions where so-called investors, who had invested their monies in a Ponzi scheme, sought an indemnity from our client should they not recover their money from the fraudster's estate.
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3 Jul 2025
by Njeri Wagacha, Arnold Mutisya, Christine Mugenyu and Serah Mulatya
A new era of employer accountability regarding mental health in the workplace
A significant decision delivered by the Employment and Labour Relations Court has firmly placed mental health on the compliance radar for Kenyan employers. In AWW (Suing as Next Friend and Mother of GWW) v Central Bank of Kenya (Cause E888 of 2022) KEELRC 13585 (KLR) (18 December 2024) the court found that failing to accommodate an employee’s known mental health condition amounted to indirect discrimination and procedural unfairness.
Employment Law
1 min read
10 Dec 2024
by Stella Situma and Christine Mugenyu
Lender’s victory: Essential strategies for effective security enforcement
On 11 November 2024, the High Court in East African Cables PLC v Equity Bank (Kenya) Limited KEHC 14009 (KLR) delivered a ruling that reaffirmed the strong position of secured creditors in enforcing security. When East African Cables PLC (the borrower) defaulted on a KES 1.7 billion loan that was granted to it by Equity Bank (the bank), the court upheld the bank’s right to exercise its statutory power of sale over the charged properties despite the borrower’s attempts to block the process. This ruling reinforces key legal principles regarding the enforceability of different types of security and offers valuable lessons for lenders on how to navigate borrower disputes and ensure smooth enforcement of their rights.
Dispute Resolution
5 min read
16 Oct 2024
by André de Lange, Luyolo Mfithi and Matthew Melnick
National Small Enterprise Amendment Act: Changes afoot?
On 27 September 2024, the President brought into operation certain sections of the National Small Enterprise Amendment Act 21 of 2024 (Amendment Act), which amends the National Small Enterprise Act 102 of 1996 (Principal Act). The Amendment Act was assented to by the President on 18 July 2024 and aims, inter alia , to enhance support for small and medium businesses as part of broadening participation in the economy for a greater number of South Africans. This is to enable an equitable trading environment for small enterprises, through the provision of affordable and effective access to justice, and to empower the Minister of Small Business Development (Minister) to declare certain practices in relation to small enterprises to be prohibited as unfair trading practices.
Corporate & Commercial Law
6 min read
22 Nov 2024
by Jacquie Cassette and Elgene Roos
Justice and Public Interest on the Mic - Episode 3 - Vital pathways to citizenship under the South African Citizenship Act 88 of 1995
Since 2011, CDH's Pro Bono & Human Rights practice (Pro Bono practice) has been at the heart of our firm's commitment to making a real difference. Over the past decade, our Pro Bono practice has passionately championed the cause of public interest, providing pro bono legal support to clients in need.
Pro Bono & Human Rights
45:51 Minutes
14 Oct 2024
by Lucinde Rhoodie and Muwanwa Ramanyimi
The South African Business Rescue, restructuring (turnaround), and Liquidation profession calling for legislative reform
Lucinde Rhoodie, Director, and Muwanwa Ramanyimi, Senior Associate in the Dispute Resolution practice joined Jonathan Faurie on Turnaround Talk to discuss The South African Business Rescue, restructuring (turnaround), and Liquidation profession calling for legislative reform.
Dispute Resolution
18:37 Minutes
29 Jan 2025
by Lebohang Mabidikane and David de Goede
Restraints in focus: Booking.com v 25hours Hotel and South African Competition Law
In the case of Booking.com BV v 25 Hours Hotel Berlin GMBH C-264/23 ( Booking.com case), the Retchtbank Amsterdam District Court requested that the Court of Justice of the European Union (CJEU) make a preliminary ruling interpreting parity clauses as ancillary restraints in the context of Article 101 of the Treaty on the Functioning of the European Union (TFEU). Booking.com uses two forms of parity clauses for its online intermediation services.
Competition Law
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