CDH Conversations

Roxanne Webster, Director in the Business Rescue, Restructuring & Insolvency Sector talks about her directorship in the International Women's Insolvency & Restructuring Confederation (IWIRC), and the Give a Future Foundation which is a non-profit foundation that she founded.

In terms of section 145 of the Labour Relations Act 66 of 1995, a litigant's failure to prosecute a timeously launched review application, may result in the review application being archived, or deemed withdrawn. A question that often arises is whether the Labour Court has jurisdiction to dismiss a review application that is deemed withdrawn in terms of the Practice Manual. Previously, the Labour...

Every month CDH Kenya Partner Njeri Wagacha publishes a podcast 'Njeri Talks Law'. In this month's podcast, Njeri speaks to fellow Partner Shem Otanga , on the Data Protection Registration Regulations, the requirements for registration in Kenya, and what it means to be a Data Controller or Data Processor. They further discuss the need for Data Protection Regulations across Africa, and case law reg...

CDH's Employment Law experts, Hedda Schensema and Taryn York , discuss the warning government has sent out to South African employers, in relation to the hiring of illegal foreign workers, during the recent global mobility conference hosted by Xpatweb. During the conference, government announced that it is adopting a zero-tolerance stance on the hiring of illegal foreign workers in South Africa. T...

Unions have extensive rights under South African law. The rights of a union to bargain was however in 2020 curtailed by the Constitutional Court when the court found that a union was restricted to organising within the scope of its constitution. But can a union represent its members in litigation processes? This is where the members are employed in an industry which falls outside the scope of the...

Every month CDH Kenya Partner, Njeri Wagacha , publishes a podcast 'Njeri Talks Law'. In this month's episode, she speaks to Chris Mureithi, a Growth, Personal & Corporate Development Consultant, on the importance of taking care of one's mental health, wellness in the workplace, and answers your questions on how to cope with competing interests at work. 

A fixed-term contract is a contract of service for a specified period of time. Despite having a clear end date, the Courts in Kenya have held that there are certain instances that an employee can have a legitimate expectation of the renewal of the contract.  In this podcast, Christine Mugenyu and Janette Nyaga unpack these instances and also discuss the recent case of Keen Kleeners Limited v...

Kirsty de Sousa conducts an insightful conversation with Real Estate Law expert, John Webber where he answers a few questions and helps explain what a long-term lease is, how it is created, the ability to finance such acquisition, and the general expectation of lessees in such a property developments.

Every month CDH Kenya Partner Njeri Wagacha publishes a podcast 'Njeri Talks Law'. During this month's episode, Njeri discusses the current state of play, the trends and opportunities, as well as the approach to investing in Africa with private equity and venture capital experts, Sapna Shah of Novastar Ventures, Paul Ohaga of New Forests, and Asif Noorani of Investisseurs & Partenaires.

Recently, the Constitutional Court decided the case of Adam Damons v City of Cape Town , where an employee firefighter who was injured at work and sustained a disability (as a result of the employer's non-compliance with safety procedures) sought a position as a Senior Firefighter but was inhibited by the employer's Fire and Rescue Advancement Policy. The case raised important questions relating t...

Every month CDH Kenya Partner Njeri Wagacha publishes a podcast 'Njeri Talks Law'. This month Njeri talks to Stephane Duproz, Executive Director of Cassava Technologies, the holding company for Africa Data Centres. Stephane talks about how datacenters are changing the way data is held, stored, and used and how datacenters are shaping Africa’s technological footprint.

Understanding the legal weight of appointment letters is very important to employers. Of even more importance is understanding the legal effect of unilaterally revoking an appointment letter before an employee reports to work. In this podcast Christine Mugenyu and Johnstone Odeya discuss the case of Kelvin Gatembo Kariuki & 4 others vs. Office of the Auditor-General & 2 others [2021] eKLR...

Every month CDH Kenya Partner, Njeri Wagacha publishes a podcast 'Njeri Talks Law'. This month Njeri talks to Lady Justice Effie Owuor. In honour of International Women's Day Njeri talks to Lady Justice Effie Owuor, Kenya's First female State Counsel, Magistrate, High Court Judge, and Court of Appeal Judge on her long legal career, navigating family life, and having it all.

An insightful talk where a seasoned real estate attorney explains servitudes as a whole and further provides insight into the different kinds of servitudes, how they are created, when they may be cancelled and how such cancellation occurs. As well as a little extra bit on cell phone towers and how such rights are created allowing companies to erect such towers on a property. Listen as Marlene Hepp...

On 28 February 2022, the Minister of Employment and Labour published a Draft National Migration Policy and Employment Services Amendment Bill for public comment. This podcast by Employment Law Director Phetheni Nkuna, focuses on the Bill which seeks to regulate and facilitate the employment of foreign nationals.  Once enacted, the Minister will be able to introduce quotas for the employment o...

Secondment refers to any contract that results in the temporary transfer of an employee to another employer or position. In this podcast, Christine Mugenyu and Janette Nyaga analyse the secondment relationship; particularly the roles of the different employers and the termination of the secondment relationship.  This discussion is guided by the recent Court of Appeal Case of Kenya Methodist U...

Every month CDH Kenya Partner, Njeri Wagacha publishes a podcast 'Njeri  Talks Law'. This month Njeri talks to Nicola Muriuki, Senior Legal  Counsel at Tala (https://tala.co.ke/and), and Kevin Mutiso, Chairman of  Board Digital Lenders Association of Kenya (DLAK) on the recently passed  Central Bank of Kenya (CBK) Amendment Act which aims to regulate  digital lenders in Ke...

For many South Africans, the COVID-19 pandemic has brought waves of uncertainty. Throughout, the pinnacle of uncertainty has always rested with the implications of the virus for the South African workforce. These implications have begun to materialise with the implementation of mandatory vaccination policies in the workplace. In the case of TM v Goldrush Group , one such employee faced the implica...

To secure COVID-19 vaccines, governments from around the world were required to provide a partial indemnity from liability to COVID-19 Vaccine manufacturers, in the case of any severe side effects vaccines may cause. In April 2021, South Africa implemented the COVID-19 No-Fault Compensation Scheme altering the approach to how a person may lodge a claim for injury or loss arising from a COVID-19 Va...

CDH Real Estate Law experts conduct a quick conversation answering the often-asked questions about the many compliance certificates required from sellers of immovable property. These include the Electrical Compliance certificates, Electric Fence Compliance certificates, Plumbing Compliance certificates, Gas Compliance certificates, as well as the Entomologist Compliance certificate, better known a...

The directions empowering employers to implement mandatory vaccination policies require an employer to counsel an employee where the employee refuses to be vaccinated either on medical or constitutional grounds. Imparting information to assist employers ease worker anxiety, our experts discuss how vaccinations have been approved for use in South Africa and the regulatory framework which has enable...

As many mandatory vaccinations policies become effective in February 2022, employers are faced with the practical challenges of managing the processes prescribed by the Consolidated Direction on Occupational Health and Safety issued by the Department of Employment and Labour on 11 June 2021, particularly the exemptions procedures. Looking to the emerging CCMA arbitration awards, our Employment Law...

Every month CDH Kenya Partner, Njeri Wagacha publishes a podcast 'Njeri Talks Law'. On this year's first episode Njeri Wagacha talks to Opibus a Swedish-Kenyan company that has developed and launched Kenya's first electric bus.