Kasera 🇰🇪

Corporate & Commercial Law-LLB (B.U),PGDLP/ATP (ILPD),PGDLP/ATP (KSL -Ongoing)

[Kasera 🇰🇪 @kasera_patrick]

@MutwiriKirimi Look towards the region.Expand your search beyond Kenya.

[Edwin H. Dande @ehdande]

I think Justice Ado’s decision on Kinyua v Absa demonstrates both rigorous analysis and unusual commercial awareness.

1. Most court decisions on threatened property sales by lenders tend to stop at a lazy and academic conclusion that loss can simply be compensated by damages.

2. But Justice Ado went further and looked at the type of building - commercial tenanted and what he calls “third party complexities.”

3. Most commercial buildings have arrangements such as tenancies, leases, second ranking lenders, pending development rights, and contracts, all summed as “third party complexities”. The issues are very different from owner occupied.

4. Value of these commercial ARRANGEMENTS, all on paper, can be greater than the value of the physical building and these arrangements value will be scattered by the time the main suit is determined if a sale proceeds.

5. So where third party complexities exist, and there is a triable issue, why not preserve the arrangements and only scatter them if the bank ultimately succeeds? And they will have been preserved if the borrower succeeds?

6. Further, if not preserved, they provoke a new layer of suits by the third parties at the interlocutory stage further jamming our courts.

[Kasera 🇰🇪 @kasera_patrick]

@two5fourKE What happened to Majei?

[Nelson Havi SC @NelsonHavi]

C J Martha Koome must now take charge of her Judges or resign. How does a whole Court of Appeal deliver a decision on the wrong application?

[Kasera 🇰🇪 @kasera_patrick]

@_mbithee The heat. Urggh!

[🌻 Shawrry for Duvet and Pillows 🌻 @luC_candy]

Please RT 🙏🏽

[Kasera 🇰🇪 @kasera_patrick]

@kibeTweets Congratulations Counsel.

[Kasera 🇰🇪 @kasera_patrick]

@faza10__ @EricNjiiru Sasa wewe uko wapi with your bigness?

[Ndong@Conslaw @Ndonglaw043]

#employmentlaw👋
Muga v Prof Ojienda SC, T/A Prof Ojienda & Associates:
1. A Show cause letter serves the purpose equal to that of a charge Sheet In criminal law:✅️
'In matters employment, a show cause letter serves the purpose of a charge sheet, as it sets out the accusation and/or a catalogue of accusations levelled against an employee, and gives him an opportunity to respond to those accusations in writing within a reasonable time frame that must be set out in the show cause letter. Such reasonable time, in my view, should never be less than seven working days.'
2. Proper service of a show cause letter before termination:✅️
'33.A show cause letter must always be served on the accused employee, who must acknowledge receipt thereon, and indicate the date and time received. If the employee refuses to either acknowledge receipt or to indicate time, the person serving the show cause letter must make a record of the employee’s decline, and the date and time of the same; and must keep the record for purposes of future disciplinary proceedings and/or litigation.'
3.Proceedings of a
disciplinary hearing must have clear indication of what the respondent & claimant submitted, clearly captured & signed by both. Further, those present should testify as to the correctness of those records & employers have no free hand to write what they deem fit. ✅️
'41. In the present case, the minutes exhibited by the Respondent are shown to have been signed by the Respondent only, and do not, in my view, contain any representations made by the Claimant at the disciplinary hearing.'
'42. In view of all the foregoing, the Respondent is not shown to have adhered to the mandatory procedure set out in Section 41 of the Employment Act regarding employees accused of misconduct and poor performance. I make a finding that termination of the Claimant’s employment was procedurally unfair.'
4. In a disputed situation of what amount of salary was being paid to a claimant in the absence of a contract, and the claimant cannot provide evidence of actual salary, the Respondent's testimony shall be taken as the credible version on the correct amount. ✅️
Read the Full decision as attached:
https://t.co/lSGaKp9xnJ

[DRUSKI @druski]

That Oldhead who never Grewup/Matured 😂

[Imelda @ImeldaBeata1]

Not only did I pass the Bar and get my 9Ps but also...

[Kasera 🇰🇪 @kasera_patrick]

@OdiraTeddy Congratulations 🎊

[Kasera 🇰🇪 @kasera_patrick]

@SethOlale Kenya iko na pesa.

[Kasera 🇰🇪 @kasera_patrick]

@UGMParty The party should vet everyone who comes into the fold.

[LANDLORD🇰🇪 @bozgabi]

Kindly retweet widely!!!

This kid went missing yesterday around TASSIA next to Summit Hospital.

If you have any info about her or a lost 4-year-old girl in a grey sweat pant kindly call 0722137283 or 0728975614.

[ABC News @ABC]

Introducing: Sir Idris Elba.

Actor Idris Elba was knighted by King Charles III on Tuesday for his "services to young people" in a ceremony at Windsor Castle. https://t.co/3PhzgIsmFC

[Rob Milton @therobmilton]

- never thought we would see the day.

[Nike @Nike]

Define Greatness. Then Redefine It.

@Cristiano @KingJames

[mrredpillz jokaqarmy @JOKAQARMY1]

Whats wrong with you 🤣 🤣