Bett Kipsang and Co Advocates

24/06/2026

"Boss Said 'Go to the Safety Office First'? Court Rules You Can Sue for Work Injuries Directly"

Chandaria Industries Limited v Masisa [2022] KEELRC 71 (KLR)

Hurt at Work? You Can Go Straight to Court.
Many Kenyan workers are told: “You must see DOSH before you sue.” The Employment Court said that’s wrong. In June 2022, a company lost its fight to block a Kshs. 470,590.15 injury payout because it filed late and used that excuse. This case confirms you don’t need the Director of Occupational Safety and Health Services (DOSH)
to file a work injury case. You can go to court directly.

Brief Facts of the Case
-The Injury: John Kimaguti Masisa was injured while working at Chandaria Industries Limited.
-Worker Wins: He sued in a lower court and was awarded damages on December 4, 2020.
-Employer’s Delay: Chandaria waited until February 2021 to ask for permission to appeal late and stop the payment.
-Their Arguments: Blamed “Christmas communication breakdown” with their insurer. Also claimed only DOSH, not the court, could handle the case under Work Injury and Benefit Act (WIBA)

What the Court Had to Decide
-Was the delay forgivable so the employer could appeal late?
-Must workers go to DOSH first before filing in court for work injuries?
-Should the payout be stopped while the employer appeals?

Rule / Law: What the Court Applied
-Time Extension Rule: You need a strong, honest reason to file late. Weak admin excuses fail.
-Court Jurisdiction Rule: Civil courts can hear work injury cases. WIBA does not force you to go to the Director of Occupational Safety and Health Services first.
-Stay of Payment Rule: To stop a payout, the employer must deposit the full amount in court as security.

Findings & Ruling
The Employment and Labour Relations Court dismissed Chandaria’s application on 9 June 2022.
-Delay Rejected: “Holiday mix-up” was not a good reason. They waited too long.
- Court Has Power: The trial court had jurisdiction. Workers don’t need DOSH clearance to sue.
-No Security, No Stay: Chandaria didn’t deposit the Kshs. 470,590.15. The worker keeps his money.

Key Takeaways:
1.For Workers: You can sue directly after a work injury.
2.For Employers: If you lose, appeal immediately. To stop payment, put the full amount awarded in court.
4.DOSH Is Not a Roadblock: The Director of Occupational Safety and Health Services handles safety, but it’s not a gatekeeper to justice.
5.Time Wins Cases: In court, delay is deadly. Whether you’re a worker or boss, act fast and get legal help early.

If you’re injured at work, the courthouse door is open now. You don’t have to wait for DOSH.

23/06/2026

"Underpaid at Work? Kenyan Court Rules 'You Agreed to It' Is Not a Defense Equal Pay Is Your Right"

Tom Oduor Ogila v. Dawa Life Sciences Limited [2025]KEELRC 1144 (KLR).

Your Contract Can't Take Away Your Rights.
Think your employer can pay you less just because you signed the contract? Kenya's Employment Court just said no.
In a landmark 2025 case, a Production Manager won Kshs. 3,877,166 because he was paid less than his peers for the same work. This decision tells every worker in Kenya: the Constitution beats your contract when it comes to equal pay.

Brief Facts of the Case
-The Worker: Tom Oduor Ogila was a Production Manager at Dawa Life Sciences.
-The Problem: He was the lowest-paid senior manager, doing the same work as others. He was later declared redundant and fired.
-Lost Leave: Company policy made him lose unused leave days.
-The Employer’s Excuse: The company said Ogila “voluntarily accepted” his lower salary in his contract.

Issues: What the Court Had to Decide.
1.Equal Pay: Can an employer pay you less for the same work if you agreed to it in your contract?
2.Redundancy: Was his firing through redundancy legal?
3.Leave Days: Can a company memo cancel your legal right to carry forward leave?

Rule / Law: What the Court Used.
- Article 27(5) of the Constitution: Bans discrimination.
-Section 5(3), Employment Act: Employers must pay equal salary for work of equal value.
-Section 40, Employment Act: Redundancy must follow proper notice and consultation.
-Section 28(4), Employment Act: You can carry forward leave for up to 18 months. Company policies can’t override this.

Ruling & Conclusion
The Employment and Labour Relations Court ruled for Ogila.
-On Equal Pay: Contractual agreement does not override the Constitution. Unequal pay for equal work is discrimination. The court said titles don’t matter — rank does.
-On Redundancy: The firing was unfair. The company had a reason, but didn’t follow proper notice and consultation rules.
-On Leave: Internal memos cannot take away leave days the law gives you.
Result: Ogila was awarded Kshs. 3,877,166 for unfair termination, unpaid leave, and breach of his right to equality.

Key Takeaways for Every Worker.
1.Your Signature Isn’t Everything: “You agreed to low pay” is not a legal defense. Equal work = equal pay. Period.
2.Same Rank, Same Pay: If your colleagues at the same level earn more for the same duties, you can sue.
3.Redundancy Has Rules: Your boss can’t just fire you. They must consult you and give proper notice.
4.Leave Days Are Protected: A company memo can’t steal your accrued leave. The law gives you 18 months to use it.
5.Speak Up Fast: If you’re underpaid or unfairly fired, see a lawyer.

We are Located at Nairobi CBD, Monrovia street, utalii lane, Hazina towers 13th floor.

23/06/2026

"Waited Too Long? Supreme Court Says You Can Lose Your Case by Sleeping on Your Rights"

Simon Kamau Johana v. Secretary, Teachers Service Commission & Another[2026] KESC 13 (KLR)

Why This Case Matters to You.
Can you go to court 17 years after you were wronged? The Supreme Court just said no. In 2026, it threw out a teacher’s case because he waited too long. This ruling is a warning to every Kenyan: the law helps those who act fast. If you delay, your case can die even if you were right.

The Facts: What had Happened to the Teacher.
1.The Job: Simon Kamau Johana was a teacher employed by TSC.
2.The Problem: In 2006, he was interdicted for allegedly inciting students while he was a KUPPET union official.
3.The 17-Year Delay: The High Court gave him permission to file his case in September 2006. He had 21 days. He did nothing. He only went back to court in October 2023 — 17 years later — asking for more time.
4.His Excuse: He blamed his previous lawyers for failing to act.

The Issues: What the Supreme Court Had to Decide.
-Can a court give you more time to file a case after a 17-year delay?
-Was his excuse good enough for waiting 17 years?
-Would it be fair to TSC to reopen a case from 20 years ago when witnesses are gone?

What the Court Said:
-Extension of time is not automatic. You must give the court a good, believable reason for your delay.
-Equity aids the vigilant:Means courts help people who pursue their rights quickly. If you sleep on your rights, you lose them.
-No orders in vain: Courts won’t waste time on cases where nothing can be fixed. The teacher was already dismissed long ago, so reversing the interdiction would be useless.

The Court’s Decision:
The Supreme Court dismissed the appeal. The 17-year delay was “inordinate, prolonged, and unjustified.” Blaming his lawyer was a weak excuse. Since he was already dismissed, reviving the case served no purpose.

Key Takeaways:
1.Act Fast or Lose Out: If you’re wronged, go to court immediately. Waiting years can kill your case.
2.“My Lawyer Failed Me” Is Not Enough: If you blame your advocate, you must show you were also following up. You can’t disappear for 17 years.
3.Courts Won’t Revive Dead Issues: If too much time has passed and evidence is gone, the court won’t help you.

Finally:
Justice has an expiry date. The law protects you, but only if you protect yourself first by acting quickly. If you have a case against your employer, government, or anyone else, see a lawyer now. Don’t wait. 17 years is too late.

We are Located at Nairobi CBD, Monrovia street, utalii lane, Hazina towers 13th floor.

23/06/2026

"Big Win for Workers: Supreme Court Rules Your Pension Is Yours, Not the Government’s"


Association of Retirement Benefits Schemes v Attorney General & 3 others[2026] KESC 36 (KLR).

Your Retirement Money Just Got Safer.
Recently the Supreme Court of Kenya ruled that your pension savings cannot be treated like government cash. This case protects millions of Kenyan workers in public universities, parastatals, and state corporations. If you contribute to a pension scheme, this ruling directly affects you.

Facts: Why This Case Happened
-The Problem Law: Section 2(o) of the Public Procurement and Asset Disposal Act (PPADA) classified pension funds run by public entities as “public entities.”
-The Impact: This forced schemes for KRA, KPLC, public universities, etc. to follow slow government procurement rules tender committees, ministerial approvals, PPRA oversight just to invest your retirement money.
-The Challenge: The Association of Retirement Benefits Schemes went to court. They argued these funds are private trusts made of your salary and employer contributions, governed by the Retirement Benefits Act (RBA), not public money.

Issues: What the Supreme Court Had to Decide
-Constitutional Question: Does a pension fund sponsored by a public entity become a “public entity” under Article 227(1) of the Constitution?
-Property Rights Question: Did Section 2(o) violate Article 40 by taking private retirement savings and subjecting them to government procurement bureaucracy?

Rule: What the Supreme Court Said
The Court applied Article 40 on protection of property and Article 227(1)on public procurement. It held that pension funds, even if sponsored by public bodies, are held in trust for members. The contributors, not the government, own the money. Therefore, PPADA cannot apply.

Conclusion: The Win for Workers
The Supreme Court declared Section 2(o) of the PPADA unconstitutional and void to the extent it included public pension funds.

The Result:Workers’ retirement savings are now legally confirmed as private trust funds, not public money. All pension schemes for public entities are exempt from PPADA.

What This Means for you:
-If you’re an employee: Your pension is now shielded from slow government tender rules. Your fund can invest faster, meaning better returns for you.
-If you’re a trustee or pension board member: You no longer need PPRA approval to hire fund managers or make investments. You answer to RBA, not PPADA.
-If you’re a fund manager or administrator: You can deploy capital without waiting for ministerial approval. This cuts delays from months to days.
-If you’re HR or an employer: You reduce legal risk. Forcing PPADA on pension trusts was illegal. Your scheme now runs under RBA only.

Why This Case Matters to Every Kenyan
-Protects Your Property: The Court confirmed your pension is your money. Government can’t control it like taxes.
-Faster Growth: Schemes can now invest in bonds, property, and offshore markets without state red tape. More growth = bigger retirement.
-Precedent for Other Cases: This ruling can be used to challenge other laws that wrongly treat private money as public.
-Applies Immediately: All public-entity pension schemes must exit PPADA compliance now.

Steps to take If You Run or Sit on a Pension Board
-Do a “Regulatory Shielding” Audit: Review your scheme rules and remove all PPADA procedures.
-Notify RBA Only: Your sole regulator is now the Retirement Benefits Authority.
-Tell Your Members: Communicate this win. It builds trust and shows you’re protecting their money.

This decision reshapes pension law in Kenya. If you manage, advise, or contribute to a pension scheme, you need to act on it.

We are Located at Nairobi CBD, Monrovia street, utalii lane, Hazina towers 13th floor.

23/06/2026

*"Someone Died Owing You Money? Here’s Who to Sue and How to Get Paid"*

Can You Take a Dead Person to Court?
Imagine this: Your friend Kamau borrowed Ksh 500,000 and refused to pay. Before you could sue him, he passes away. Angry, you file a case against “Kamau (Deceased)” and send court papers to his home.

Will your case succeed? No.

In Kenya, death ends a person’s power to sue or be sued. But your money is not lost. The law gives you another way. This is how it works under Kenyan law.

What Does Kenyan Law Say?
Under the Law of Succession Act, Cap 160:

A dead person has no legal personality. This means the court sees them as “non-existent.” You cannot sue a dead person and a dead person cannot sue you.
Any case filed against a dead person is “incompetent.”
But the debt does not die it passes to the deceased’s estate meaning their land, money, cars, and other property.

So Who Do You Sue?
You don’t sue Kamau. You sue the person legally in charge of Kamau’s property. They are called Personal Representatives. There are 2 types:

-Executor: If Kamau left a Will, the person he named to manage his property. The Will must be confirmed by court through a Grant of Probate.
-Administrator: If Kamau had no Will, the family must go to the High Court to get Letters of Administration. The court then appoints an administrator.

These representatives “step into Kamau’s shoes.” They can pay debts, collect money owed to Kamau, and defend the estate in court.

What If No One Has Taken Letters of Administration?
This is the biggest problem many face. If Kamau died owing you money and no family member has gone to court, you have 2 options:

1.Cite the Family: You can file a Citation at the court. This forces the family to either apply for Letters of Administration or explain why they haven’t.
2.Apply Yourself: As a creditor, the Law of Succession Act allows you to apply for Letters of Administration if the family refuses. You must prove Kamau owed you money. Once appointed, you can recover the debt from the estate.

Key Takeaways:
1.Never sue a dead person by name. The case will be dismissed.
2.Sue the estate through the Executor or Administrator. They are the legal “boss” of the deceased’s property.
3.No Letters of Administration? You can force the issue.Creditors can ask the court to compel the family or apply themselves.
4.Act fast. Claims against an estate must be made before the property is shared out.

Conclusion:
Don’t Lose Your Money to a Legal Mistake
Many lose debts simply because they sued the wrong person. The law is clear: the estate pays, not the dead.

If someone dies owing you, first confirm if there’s a Will or Letters of Administration. If none, speak to a lawyer. One wrong filing can cost you years and your entire claim.

12/06/2026

12/06/2026

"Buying a Unit in Kenya? How to Get Your Own Certificate of Lease"

What is Sectional Property ownership?
It means you own one unit or section inside a building. You get a Certificate of Lease for that unit only. You also share ownership of lifts, stairs, parking, and gardens with other unit owners. The Sectional Properties Act, 2020 gives you this right.

Steps to Get Your Certificate of Lease

1.Conduct due diligence.
Search the mother title. Confirm no loans or court cases. Check if the building plans were approved.

2.Sign Agreement & Pay Deposit.
Lawyer drafts the sale agreement. You pay 10% to 20% deposit after signing.

3.Developer Splits the Land.
Surveyor maps each unit and common areas. Plans go for approval. The main mother title is then closed.

4.Pay Stamp Duty & Get Your Certificate.
Pay 4% tax in town or 2% outside. Lawyer submits papers. You receive your Certificate of Lease for your unit.

5.Join the Management Team
All unit owners form a company to run the building. You pay monthly fees for security, cleaning, and repairs.

Key Precautions.
-Do a search. before paying. Some buildings sit on land with bank loans.
-Ask for the sectional plan. No plan means no Certificate of Lease for years.
-Check how many years are left on the lease. Your certificate carries the same expiry date.

10/06/2026

"Lost Your Title Deed? Here’s How to Get a New one"

A title deed is the only proof that land is yours. If you lose it, someone can try to sell your land or take a loan using it. Don’t panic. The law gives you a clear way to replace it. These are the steps to protect your property from fraudsters.

Steps to follow:
1. Do a Land Search.
Go to Ardhisasa or your local Land Registry. Confirm you are still the owner and check if there are any cases or loans on the land.

2.Report to Police
Go to the police station where you lost it. Explain what happened. You’ll get an OB Number and a -Police Abstract. This is your official proof of loss.

3.Swear an Affidavit
Visit a lawyer or Commissioner for Oaths. Swear an affidavit saying:
- Who you are and which land it is
- How the title got lost
- You have not used it for a loan or fraud

4.Apply at Lands Office
Fill Form LRA 12 at the Ministry of Lands. Attach:
- Police Abstract
- Affidavit
- Copy of ID and KRA PIN
- Passport photos
- Land Rent & Rates clearance from County

5.Wait for Gazette Notice
The Land Registrar will put a notice in the Kenya Gazette for 60 days. This warns the public. If someone claims the land is theirs, they can object.

6.Collect Your New Title
If no one objects after 60 days, the Registrar gives you a Replacement Title. It works the same as the old one.

Quick Analysis.
-Why the search first? To make sure no one secretly changed ownership or took a loan on your land.
-Why police + affidavit?These prove you didn’t sell it or give it away.Blocks fraud.
-Why wait 60 days? The government gives time for anyone with a real claim to speak up. This protects you and others.

Key Advice
-Start fast: The longer you wait, the more time fraudsters have.
-Use a lawyer: One small mistake can delay you for months.
-Keep copies: After you get the new title, scan it and store copies with someone you trust.
-Watch the Gazette: Check if your notice actually appears. Some files get "stuck" at the office.

Losing a title deed feels scary, but the law is on your side.