Alakonya Law LLP, Author at Alakonya Law LLP

THE ROLE OF TECHNOLOGY VIS A VIS DATA PROTECTION IN THE WORKPLACE

The changing nature of work, driven by technological advancements and evolving work-life dynamics, indeed presents significant challenges and considerations for privacy and data protection laws in the employment and/or office context. Modern businesses indeed operate in a hybrid environment, combining both physical and digital operations. The COVID-19 pandemic accelerated the shift towards digital operations for …

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Prescribing Privacy: Navigating Health Sector Data Protection

All Insights / By Alakonya Law LLP

Prescribing Privacy: Navigating Health Sector Data Protection Introduction The healthcare industry is increasingly reliant on technology, leading to a growing need for data protection. The Data Protection Act, 2019 (DPA) and the forthcoming Digital Health Bill, 2023 bring significant compliance requirements for the health sector. This calls for strict adherence to data protection laws, making …

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Dissolution Of Companies: Striking Off

All Insights / By Alakonya Law LLP

OVERVIEW To Wind up a Company, to shut down or dissolve a limited Company is commonly referred to as voluntary Winding Up or De-registration of a Limited Liability Company. Liquidation is a collective insolvency process leading to the end of the company’s existence (dissolution). In the previous legislation, this process was known as winding-up. The …

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Streamlining The Workforce: The Journey to Redundancy in Kenya

All Insights / By Alakonya Law LLP

Every employer needs to adhere to each and every aspect of redundancy procedures, to avoid exposing themselves to any adverse claims. Further, being that redundancy is inevitable due to change in market and business needs, then a notices of the proposed redundancy and consultations stemming from the notice should prove that a redundancy is justified.

Right to Equality and Dignity of offenders Vis-à-vis mandatory minimum sentences under the Sexual Offences Act; An Analysis of Justice G.V. Odunga’s decision inMaingi & 5 others v Director of Public Prosecutions & another [2022] KEHC 13118 (KLR)

All Insights / By Alakonya Law LLP

Introduction The Sexual Offences Act, No.3 of 2006 was enacted to remedy the shortcomings of the now repealed sections of the Penal Code and which were seen to be too lenient to sexual offenders upon sentencing. Additionally, the Act introduced mandatory minimum sentences for sexual offences in a bid to reduce the incidences of sexual …

Right to Equality and Dignity of offenders Vis-à-vis mandatory minimum sentences under the Sexual Offences Act; An Analysis of Justice G.V. Odunga’s decision inMaingi & 5 others v Director of Public Prosecutions & another [2022] KEHC 13118 (KLR) Read More »

Aligning Human Resource Functions with the Data Protection Requirements in Kenya

All Insights / By Alakonya Law LLP

The emergence of new regulations in the field of personal data protection laws and regulations such as the Data Protection Act, No. 24 of 2019 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, requires organizations, through their HR departments working together with the office of the Data Protection Officer (“DPO”) created under Section 24 of the DPA, to pay more attention to the way they process the data of candidates, employees and former employees.

A Bona fide Purchaser for Value Without Notice: The Demand for Extensive Due Diligence in Property Purchase

All Insights / By Alakonya Law LLP

Introduction The principle of a bona fide Purchaser for value without notice has long been the preferred defense of a purchaser who finds him/herself in ownership wrangles where there are challenges to the Certificate of Title held by him or her. Courts have variously held innocent such a purchaser, where it is demonstrated that indeed …

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Can the Data Commissioner Interpret the Constitution in as far the Violation of the Right to Privacy is Concerned: An analysis of Mercy Mwikali Mwanzia v Rhodes Constitutional Petition No. E115[2023] KEHC 2688 (KLR)

All Insights / By Alakonya Law LLP

Introduction Article 31 of the Constitution falls squarely within the ambit of the mandate of the Data Commissioner in as far as the protection of the right to privacy is concerned. The Application and/or enforcement of this Constitutional right will appear to fall squarely at the door of the Office of the Data Protection Commissioner. …

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ACQUISITION OF LAND BY ADVERSE POSSESSION

All Insights / By Alakonya Law LLP

The Constitution of Kenya states that all land belongs to the people of Kenya, however, the right to own land is not absolute as the state reserves the right to recall on such right subject to the provisions of the law. This right to use and own land has certain caveats and adverse possession is …

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CONSTRUCTIVE DISMISSAL UNDER THE KENYAN LEGAL FRAMEWORK

All Insights, Tip Tuesday / By Alakonya Law LLP

Constructive dismissal occurs when an employee resigns because their employer’s behavior has become so intolerable or made life so difficult that the employee has no choice but to resign.

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