S&K Advocates LLP

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.

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.

27/02/2026

Today, the Court of Appeal delivered judgment in Civil Appeal No. ELD 127 of 2020 dismissing the appeal and affirming the legality of Agricultural Finance Corporation title and recovery process.

At its core, the dispute revolved around a familiar but critical question in secured lending:

Can a borrower sell charged land without the lender’s consent?

The Court reaffirmed what commercial and property law has always guarded closely. Charged land cannot be alienated without the chargee’s express consent.

The Appellant’s claim ultimately failed because:

a. There was no concluded contract

b. There was no Land Control Board consent

c. Allegations of fraud were unproven

And most decisively the borrower lacked capacity to sell charged land

The Court upheld the Agricultural Finance Corporation's acquisition through public auction as lawful and its title as indefeasible.

But beyond the legal doctrine lies the commercial impact.

As recorded in the judgment, the outstanding secured exposure stood at Kshs.104,853,341. This decision didn’t just settle a land dispute. It preserved over KES 104 million in secured financial rights.

A reminder that:

a. Security documentation is not a formality
b. Consent is not a courtesy
c. And intention is not a contract

Law, when applied with clarity and discipline, protects not just titles but institutional stability.

And perhaps a quieter reflection…

Sometimes institutions part ways with the very expertise that later secures their victories.

Yet the law remembers the work even when relationships don’t.

Like an ex who walks away, but still thrives on the foundation once built together. Yours truly delivered with distinction.

26/02/2026

Big ruling on who controls HR in State Corporations. The High Court has clarified that the Public Service Commission not SCAC or Cabinet Secretaries is constitutionally responsible for HR regulation in State Corporations.

The Court also ruled that the Attorney General’s advisory used to justify Executive HR control was unconstitutional.

The Constitution overrides the State Corporations Act where there is conflict. What this means is that Parastatals can no longer restructure, hire or approve HR frameworks outside PSC oversight.

Expect ripple effects across public sector governance.

*KLR # *Constitutional Petition E303 of 2023 – Githongo & Katiba Institute vs SCAC & AG #

04/02/2026

SC Charles Kanjama’s manifesto captures exactly what many advocates have been feeling but struggling to articulate. The Law Society of Kenya cannot afford to be timid, transactional, or reactive at this moment in our history.

A strong Bar must protect the welfare and dignity of its members, but an uncompromising and independent LSK must also stand guard over the Rule of Law in the public interest without fear, favour, or political convenience. One mandate cannot succeed without the other.

This manifesto strikes the right balance: principled without being abstract, practical without being populist. It speaks to governance, accountability, advocate welfare, and most importantly the restoration of LSK’s historic constitutional role. Kenya needs a steady, courageous, and credible LSK.

The time is indeed RIPE.

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)*

02/01/2026

A new year calls us to a shared responsibility of protecting our profession, strengthening our unity and leading with integrity.

Together, we must build a stronger & credible LSK that works for all.

We wholeheartedly invite you to walk this journey with us
https://chat.whatsapp.com/LDS28bRKC8C1xe7cHaJt5U

*Happy New Year to you & your loved ones*

*Charles Kanjama,SC*

31/12/2025

*CHARLES KANJAMA, SC For LSK PRESIDENT*

*The most sober minded candidate*

*The only one who cannot be compromised*

*The surest and safest hand you can get to Gitanga Road.*✅

We invite you to join the conversation
https://chat.whatsapp.com/LDS28bRKC8C1xe7cHaJt5U

* *
* *
*SCKanjamaForLSKPresident*🗳️✅

29/12/2025

Dear Kenyans, herein lies the future of our valuable resources. Professionals should air their opinion and secure the future of our country.

24/12/2025

S&K Advocates LLP condemns the judgment in Constitutional Petition No. E110 of 2025 as legally unsound, constitutionally dangerous, and deeply regressive.

The decision unjustifiably weakens the Judicial Service Commission’s constitutional mandate under Article 168 and threatens the balance between judicial independence and accountability. Independence must never be mistaken for immunity.

By restricting the JSC’s oversight role, the Court has set a dangerous precedent that undermines accountability and erodes public confidence in the Judiciary.

We fully support the JSC’s decision to appeal and to seek authoritative constitutional clarification.

Respect for the courts does not demand silence in the face of constitutional error. The rule of law requires accountability.

S&K Advocates LLP stands firmly for the supremacy of the Constitution and the integrity of Kenya’s justice system.

20/12/2025