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The most important lesson from Muindi v Mwandigha is that the digital age has not diminished the constitutional value of...
11/08/2026

The most important lesson from Muindi v Mwandigha is that the digital age has not diminished the constitutional value of privacy. It has made its protection more urgent.

A photograph may take seconds to create and even less time to share, but the constitutional injury occasioned by its non-consensual dissemination can endure long after the original publication.

The law must therefore look beyond the technology and protect the person behind the data. Privacy is not a privilege granted by the benevolence of others but a constitutional right. And where that right is violated, the Constitution must provide a meaningful remedy

One of the enduring lessons from this decision is that the law distinguishes between generosity and legal transfer. Fami...
03/08/2026

One of the enduring lessons from this decision is that the law distinguishes between generosity and legal transfer. Families often mistake possession, financial contribution or parental assurances for ownership. The Court reminds us that succession disputes are determined not by sentiment but by evidence. Where a person seeks to remove property from a deceased's estate on the basis of a lifetime gift, the burden is a serious one. The law demands proof of intention, proof of transfer and proof capable of withstanding judicial scrutiny. Good intentions may preserve family relationships, but only clear legal acts preserve property rights.

20/07/2026

This decision is not a retreat from constitutional accountability. Rather, it is a reaffirmation that accountability must be measured against the constitutional roles assigned to each arm of government. Public participation remains a foundational constitutional value, but it is not an automatic requirement for every executive act. The enduring lesson from Matindi is that constitutional scrutiny begins by asking what power is being exercised, where that power originates, and whether it has remained within its lawful limits. In constitutional adjudication, the character of the power often determines the procedure that must accompany its exercise.

Every judgment resolves a dispute. The enduring ones define the law. Our role is to identify the principle that will sha...
18/07/2026

Every judgment resolves a dispute. The enduring ones define the law. Our role is to identify the principle that will shape tomorrow's decisions

Facts are the foundation of every lawsuit. Pleadings are merely the legal architecture built upon them. Where the founda...
15/07/2026

Facts are the foundation of every lawsuit. Pleadings are merely the legal architecture built upon them. Where the foundation remains unchanged, courts will seldom permit procedural objections to frustrate the administration of substantive justice.

A New Identity. The Same Relentless Pursuit of Justice.We are proud to unveil Mabonga & Co. Advocates.Our rebranding sym...
05/07/2026

A New Identity. The Same Relentless Pursuit of Justice.

We are proud to unveil Mabonga & Co. Advocates.

Our rebranding symbolizes growth, renewed purpose, and an even stronger commitment to protecting your interests and delivering practical legal solutions.

The future of legal excellence begins now.

Today marks an important step in the continued transformation of Kenya’s justice system. The establishment of new Court ...
09/03/2026

Today marks an important step in the continued transformation of Kenya’s justice system. The establishment of new Court of Appeal stations in Kakamega and Meru, together with the expansion of Small Claims Courts across the country, is a significant stride toward decentralizing justice and making appellate and commercial dispute resolution more accessible to Kenyans.

For years, litigants and advocates have had to travel long distances to access appellate services. The expansion of these stations will reduce that burden, lower litigation costs, and bring justice closer to the people which is the very spirit of our Constitution.

Equally notable is the continued growth of the Small Claims Court framework, which now stands at 55 courts nationwide. These courts have increasingly become a critical avenue for the efficient resolution of low-value commercial disputes, strengthening confidence in the justice system and supporting economic activity.

From a practitioner’s perspective, these developments will not only improve access to justice but also help address case backlog and turnaround time, which remain central to judicial efficiency.

This is a commendable step by the Judiciary under the leadership of Chief Justice Martha Koome, and it reflects a sustained commitment to a justice system that is decentralized, efficient, and people-centered.

As officers of the court, we look forward to supporting and utilizing these expanded judicial structures to better serve our clients and the public.

When Workplace Decisions Move to WhatsApp: A Lesson from the ELRCA recent decision of the Employment & Labour Relations ...
06/03/2026

When Workplace Decisions Move to WhatsApp: A Lesson from the ELRC

A recent decision of the Employment & Labour Relations Court has sparked an important conversation for employers, HR professionals, and corporate leaders.

The Court signalled that removing an employee from an official workplace WhatsApp group where that platform functions as a channel for operational communication may constitute evidence of termination or constructive dismissal.

This reflects a broader legal reality. The modern workplace is no longer confined to the office.
Digital platforms such as WhatsApp and internal messaging systems have effectively become extensions of the workplace itself.

Where instructions, reporting lines, and operational coordination occur within these platforms, excluding an employee from them can amount to functional exclusion from the workplace.

But employment law remains clear.

Under the Employment Act, 2007, termination must be grounded on:

a. A valid and fair reason
b. A fair procedure, including notice and an opportunity to be heard

Digital actions however convenient cannot substitute statutory due process.

For organisations, this decision carries an important governance message.

Human resource management must keep pace with technological realities, but legal compliance must remain at the centre of every decision.

Increasingly, we are seeing disputes emerge not from formal letters of dismissal, but from digital workplace conduct removed access, blocked communication channels, or exclusion from operational systems.

These seemingly informal actions can carry significant legal consequences.

At S&K Advocates, we continue to advise organisations, HR departments, and corporate leaders on navigating the evolving intersection between employment law, technology, and workplace governance ensuring that operational decisions remain both effective and legally compliant.

The workplace may be changing, but the rule of law remains constant.

I endorse this message.*FIRST AMONG EQUALS — WHY SC CHARLES KANJAMA RANKS BEST FOR THE LSK PRESIDENCY JOB*Esteemed Couns...
11/01/2026

I endorse this message.

*FIRST AMONG EQUALS — WHY SC CHARLES KANJAMA RANKS BEST FOR THE LSK PRESIDENCY JOB*
Esteemed Counsels, the term of any LSK Council is just 2 years, not 7 or 10. We must choose whether we want to waste the next 2 years by giving a “rookie” a chance to experiment & make mistakes while learning on the job, or have at the helm experienced hands that are TRIED, TESTED & TRUSTED. We must also choose whether we want principled and accountable leadership or individuals who would misappropriate members’ hard-earned PC monies through dubious tendering and kickbacks.

We’ve also been told that it’ll be an intense & potentially tumultuous ELECTION period. So, the stakes will be EXTREMELY HIGH & a sober mind will be needed to offer a sense of direction & certainty in such times over *“an emotionally unstable dynamite waiting to explode.”* See beyond noise & posturing. Choose wisdom, calm, sobriety & EXPERIENCE! *Choose SC Charles Kanjama!*

*For the avoidance of doubt, here’s Kanjama’s IMPECCABLE track record.* Long before campaigns begin, before posters and promises, the work shows itself in systems built, doors opened and moments where someone chose to act. As LSK Treasurer, Charles Kanjama strengthened financial accountability by implementing the break-even principle - protecting members’ funds through systems that still serve the Society today.

As Nairobi Branch Chair, he expanded pupilage opportunities, ensuring more young advocates could enter the profession with dignity and support. Yet still, as Chair of the Nairobi Legal Awards, he elevated young lawyers, created platforms for emerging talent, and recognised excellence where it often goes unseen.

And when justice demanded more than words, he mobilised advocates to honour Willie Kimani’s memory - standing publicly for the rule of law when it mattered most. *None of this required an election; none of it depended on a title. It was done because leadership is not activated by office; it is revealed by action.* So, for the forthcoming election, the question is simple: _*Do we choose beginnings, or do we choose CONTINUITY of proven work?*_ The answer speaks for itself.
*CHOOSE WISELY!* 🎯

*Warmly,*
*Gody Mwango (Advocate)*

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Nairobi
00300

Opening Hours

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Tuesday 08:00 - 17:00
Wednesday 08:00 - 17:00
Thursday 08:00 - 17:00
Friday 08:00 - 17:00
Saturday 09:00 - 13:00

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+254738661671

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