THE VIVID EYE

THE KENYAN EMPLOYMENT ACT, 2007  ITS ANGLE ON SEXUAL HARASSMENT The Employment Act, 2007 (also known as the Chapter 226 of the Laws of Kenya) repealed the former Employment Act and the Regulation of Wages and Conditions of Employment Act Chapter 229 of the Laws of Kenya. This Act, whose commencement date was 2 nd June, 2008, provides for general terms and conditions of employment in Kenya and applies to both domestic and foreign contracts of employment.   Sexual harassment is defined as unwelcome sexual nature, when submission to or rejection of such conduct is used as a basis for employment decisions affecting an individual or where such conduct has the purpose of affecting or   interfering unreasonably with the individual’s work performance or creating an offensive ,hostile or intimidating work environment.(Sexual harassment manual,1991). The Kenyan industry is especially susceptible to incidents of sexual harassment due to certain characteristics. Th...

Minimum payment clause A hire-purchase agreement may be terminated either by the owner or hirer and the hirer may return the article to the owner after terminating the agreement. But since the articles are subject to usual wear and tear on account of user, it is usual to insert a “minimum payment” clause in the agreement in order to provide for depreciation of the article taken under the hire-purchase agreement. Such a clause provides that in the event of the agreement being determined by the owner or the hirer, the hirer shall be liable to pay 50% of the total price after deduction of the instalments already paid by the hirer. This clause was inserted in the contracts in United Dominions Corporation v. Laclipc P and Amusan v. Bentworth Pinence " and the courts upheld and enforced it. The value of hire-purchase transactions has remained at a fairly steady level during the first few years and it would be pleasant to think that the law affecting them has reached a stable...