Statelessness and the right to belong: Exploring its human impact

Extend your lease before it is too late: An Analysis of the Supreme Court’s Decision in Harcharan Singh Sehmi and Another v Tarabana Company Limited and Five Others (Petition E033 of 2023)

In our experience, the most prudent approach is to apply for a lease extension at least five years before expiry. This rule of thumb exists for good reasons. In Kenya, there is a legal distinction between a lease extension and a lease renewal. An extension, if applied for before the lease expires, preserves the leaseholder’s legal interest and ensures continuity of title. Renewal, on the other hand, occurs after expiry, by which time the land has already escheated to the Government, the lessee’s rights have lapsed, and any new grant is subject to reallocation risks and fresh terms. When you factor in persistent delays at the land registry and the complications that can arise when life happens (such as the death of a co-tenant activating a procedural burden in the form of succession proceedings before any land dealings can occur), it becomes clear that waiting too long transforms a manageable administrative process into a precarious legal one.

Reclassification of certain health supplements in the import duty space

The South African Revenue Service (SARS) has decided to reclassify various health supplements that were previously categorised under tariff heading (TH) 21.06. (providing for miscellaneous edible preparations which were subjected to a rate of 20% import duty) into TH30.04, which pertains to pharmaceuticals, and which attracts a duty free rate.

Lock-out legitimised: The legality of lock-outs in negotiating employee benefits

In the recent case of South African Commercial Catering and Allied Workers Union (SACCAWU) obo Members v Phala N.O and Others 2 BLLR 176 (LAC) the Labour Appeal Court (LAC) confirmed that a lock-out initiated by an employer during negotiations with employees over a new contract is lawful if it relates to disputes over benefits that have not yet been agreed upon or acquired. Such issues fall under the scope of mutual interest rather than rights disputes and may be resolved through industrial action

When the rubber meets the road: ELRC’s stand on casualisation of labour

Repeatedly renewing short-term contracts over a long period of time, without transitioning an employee to a more secure employment arrangement, may amount to a violation of their constitutional right to fair labour practices. In a significant judgment, the Employment and Labour Relations Court (ELRC) in Gichuki v Kenya Power & Lighting Company Plc (Petition E021 of 2024) KEELRC 2578 cautioned employers against the casualisation of labour.

A landmark shift in rights, compliance and inclusion with Kenya’s new Persons with Disabilities Act

The Persons with Disabilities Act 4 of 2025 (the PWD Act), which was assented to on 8 May 2025 and commenced on 27 May 2025, represents an overhaul of Kenya’s disability rights framework. The PWD Act gives effect to Article 54 of the Constitution of Kenya on the rights of persons with disabilities (PWDs) with an approach that has significant implications for every business operating in Kenya. The PWD Act repeals the Persons with Disabilities Act, 2003 (the Repealed Act).

Employment of Illegal foreigners What employers need to know