Odhiambo Owino & Company Advocates

Odhiambo Owino & Company Advocates God is omnipresent, Jesus lives in heaven, Satan roams the earth, but justice is found here.

This is unprofessional. It is a stark reminder that newly admitted (young) advocates should accept at least 2 years of t...
12/05/2025

This is unprofessional.
It is a stark reminder that newly admitted (young) advocates should accept at least 2 years of tutelage under a senior advocate before registering their firms and starting to practiceontheirown.

24/09/2024

Justice James Rika of the Employment and Labour Relations Court at Nairobi delivered on Friday last week in the case of Mark Ngugi Mwaura v G4S Kenya in which the Judge held that employer policies that prohibit workplace sexual/romantic relationships between two consenting adults are unconstitutional because they infringe on employees' right to privacy besides amounting to inhuman and degrading treatment. The court stated as follows:
"Sexual relationships are private. The right
includes the right against private affairs being unnecessarily required or revealed, and private communications being infringed. As seen by way of comparative American jurisprudence in the Lawrence and Barbee cases above, an Employee is entitled to the right to pursue a romantic relationship at the workplace, a right which falls within privacy rights under our Constitution...prohibiting Employees from following their hearts, would amount to violation of their fundamental freedom from cruel, inhuman or degrading treatment, under Article 25 [a]. Nothing is more degrading than
for a third party, an Employer, to intermeddle in a love relationship
between two consenting adult Employees"

This past week the legal fraternity has been treated to allegations about a Magistrate at Bondo Law Court who issued two...
08/09/2024

This past week the legal fraternity has been treated to allegations about a Magistrate at Bondo Law Court who issued two conflicting decisions in a land dispute. In one judgment (which the Magistrate is alleged to have uploaded on the judiciary case portal but later deleted) the court affirmed the Plaintiff's ownership over the suit land while in the second judgment the Magistrate dismissed the Plaintiff's suit for lack of evidence and for being time barred.
We call upon Judicial Service Commission Kenya to deeply, efficiently and speedily look into the matter and conclusively address it. Much as these remain allegations, the cancer of corruption among the judicial officers is spreading fast and is leading to miscarriage of justice. The Judges and Magistrate's need to be reminded that as arbiters they play a big role in the governance of the country particularly on administration of justice and integrity is all Kenyans are asking for. Justice must not only be done but must also be seen to have been done.

The death of Justice Majanja has shocked the legal fraternity. He was a good Judge. Efficient. Wise. Bold. He was a gem....
10/07/2024

The death of Justice Majanja has shocked the legal fraternity. He was a good Judge. Efficient. Wise. Bold. He was a gem. The Judiciary has lost a piece of its itself. R.I.P Judge

We are shocked to learn of the death of Hon. Monica Kivuti, who was a Principal Magistrate at Makadara Law Court. She wa...
15/06/2024

We are shocked to learn of the death of Hon. Monica Kivuti, who was a Principal Magistrate at Makadara Law Court. She was shot by a police officer who preliminary investigations show was angered by the decision of the Magistrate to cancel his wife's bond and order her detainment in a remand facility until the case is heard and determined. The perpetrator was shot dead by the security personnel who were present at the scene.
We send our messages of condolences to the family of the Magistrate and pray that her soul rests in peace.
We urge Kenyans not to take matters in their own hands when they are aggrieved by any decision made by any court. The law establishes appellate mechanisms that should be exploited when a party is dissatisfied with the judicial officers' decisions.
This is a sad day for Kenya.

19/05/2024

PROV 19:5

"A false witness shall not be unpunished, And he that speaketh lies shall not escape."

Happy sabbath

17/05/2024

Our Client X, a High School teacher who was employed by BOM of School Y, had her services unfairly terminated in April 2023. She was verbally instructed by the School Principal not to report to work for the Term 2 which was slated to begin in May 2023. She was not paid her April salary nor payment in lieu of notice. She instructed us to file a suit which we did. In their defence, the employer denied terminating our client's services arguing instead that it was our client who deserted work. The employer did not provide evidence of efforts made to reach out to our client nor reason for not paying her salary for April 2023 when she attended to her duties. The school principal who terminated her contract was not called as a witness. In the judgment delivered on 30/4/2024, the court noted the infractions of the law and found in her favour. The court noted that due process was not followed in terminating her contract nor was there a valid reason for the decision. Our client was awarded 6 months' salary as compensation for the unfair termination of her contract of employment. She was also awarded salary for the month of April 2023 which was withheld as well as 1 month's salary as payment in lieu of notice.
This decision is a warning to rogue school principals and headteachers who fire BOM teachers at will and without reason. The BOM teachers are employees and deserve to be subjected to a disciplinary process and a reason given before disciplinary action is taken.

15/04/2024

Poetry

"...Mr. Khana invited us to say that the Hintz appeal was wrongly decided and that we should overrule it. We respond positively to that invitation and holds that the Hintz case is no longer good law, if it ever was. We think it must go and the decision of Bosire J. which was founded on it, must go with it."

13/04/2024

Our client, X, a SACCO, was sued by its former Chairperson for unfair dismissal from employment. The SACCO terminated the employee's services after it was discovered that he fraudulently converted SACCO funds for his own benefit. The employee even wrote a letter confirming taking SACCO money and promising to refund. The employee was also charged with stealing by servant at Kibera Magistrate's court. Surprisingly and after his shock acquittal by the criminal court, the employer instituted civil proceedings in the nature of an employment claim against the sacco seeking, among others, compensation for unfair termination of his contract of employment, salaries he would have earned during the time he was facing criminal trial and salaries he would have earned till retirement. His total claim came to about Kshs. 9 million.
While dismissing the suit, Hon. Christine Ogweno, noted that there was a valid reason for the termination of the contract as the employee himself admitted in writing that he took the money. Further, the sacco was able to prove that the employee paid himself using blank cheques which were in his custody. The learned Magistrate also pointed out the principle of law that the outcome of a criminal case does not bind the civil court.
A case before the Co-operative Tribunal for recovery of money stolen is ongoing.

03/04/2024

Our Client, X, a wheel loader operator, was arrested and charged with manslaughter contrary to section 202 as read together with section 205 of the Penal Code. He was accused of killing a security guard by knocking him while reversing the heavy machinery at a quarry site in Katani area, Mlolongo. We successfully defended him. The trial court agreed with our submissions that there was no evidence presented by the prosecution to show that our client actually reversed and hit the guard. The body of the deceased was in good condition and had no signs of injuries in terms of bruises or fractures noted in the post-mortem report. The court was convinced that such a piece of heavy machinery cannot knock someone to death without visible injuries on the body. Further, there was evidence that security guards were not ordinarily expected in the working area which is noisy, covered in clouds of dust and poorly lit. The accused was not negligent in the manner he operated the wheel loader especially since he was not expecting any person to be in the working section. Guards, the court was told, were stationed at the gate to secure the property. They had no business in the working section.

Our client X, a 9 year old grade 4 pupil, was electrocuted when she accidentally touched a live naked electric wire whil...
28/03/2024

Our client X, a 9 year old grade 4 pupil, was electrocuted when she accidentally touched a live naked electric wire while playing on a balcony of an apartment in Tasia estate, Nairobi. She suffered superficial degree burns following the accident. She was attended to at KNH and is now stable though the incident left her with pockets of huge keleoids. As instructed by the minor's mother, we have filed a civil suit in court seeking damages for the injuries suffered. In the suit, we have blamed KPLC for the accident for the following reasons:
1. Erecting electric poles too close to a residential building;
2. Not insulating the electric cables which are connected close to a residential building;
3. Failure to warn tenants and members of the public of the danger;
4. Failure to exercise the requisite care, skill and competence required for such electric connection.

We will do our best to secure justice for our client.

23/03/2024

Our client X was working at a quarry site when a piece of metal hit his left eye. Medical examination revealed that he suffered scleral perforation with loss of vision
The disability was assessed at 40%. The matter was referred to the Director of Occupational Health and Safety Services (DOSH) who awarded our client compensation to the tune of Kshs. 883,000/= way back in 2021. However, the employer declined to pay and we were constrained to file a miscellaneous application in court seeking adoption of the award by DOSH as a judgment of the court for purposes of ex*****on. The application was allowed and we started the ex*****on process when the employer's insurance made payment. We are informed that many employees especially those deemed illiterate by the employer are never paid compensation awarded for injuries suffered at work and some have left matters to God. This is unfortunate and we shall be taking it up with DOSH on why they do not report such cases to the police for arrest and prosecution of such wayward employers as is provided by the Work Injury Benefits Act.

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Koinange Street, Cianda House, 9th Floor, Suite 909
Nairobi

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Tuesday 09:00 - 16:00
Wednesday 09:00 - 16:00
Thursday 09:00 - 16:00
Friday 09:00 - 16:00

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+254714730728

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