Legal Opinion

Court Corridors Update: Equal Pay For Equal Work

The principle of equal pay for equal work of equal value has often been overlooked by employers who choose to employ contractors on a contract basis to perform duties, together with its other employees yet pay the contractors a different amount in salary and benefits than the employees. A clear case of unfair work practices. The recent court decision in Omondi Justus Rang’anga & 28 others v KCB reiterated the issue and delved into the discrimination leveled by the employer. As an employer, it is prudent to ensure the following; …

A Tax Choice Between a Branch vs a Subsidiary of a Foreign Company

Foreign company wishing to establish a business in Kenya may do so by the registration of a branch of the foreign company or a subsidiary. In considering whether to register a subsidiary vis a vis a branch, one of the key factors to consider is the tax regime. It is prudent to note that under the Kenya tax regime, a branch is taxed as a non-resident/ foreign company which has a permanent establishment in Kenya while a Subsidiary is taxed like a local company incorporated in Kenya. Income tax is …

Sexual Offenders Registry

After almost a decade since the Sexual Offenders Act was signed to law, you will now be able to access a Convicted Sexual Offenders Electronic Register. You will be able to see their names and what sexual offence they committed without them knowing that you accessed such information. Courts will require that the convicted accused names be included in the Sexual Offenders register. The register is found on the judiciary e-filing platform. A huge win for our criminal justice system …
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