GVA LEGAL PODCAST: Recent Episodes

Gikera & Vadgama Advocates

GVA Legal Podcast is a bi-monthly podcast with an eye towards law practice in the larger African economy and how to get useful and current information. Each episode features an interview with knowledgeable lawyers and professionals from different sectors who help demystify topical issues. Our tagline is Let’s get real and our conversations are candid, in-depth and professional.

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Join Jean Kambuni and our guests, Elvis Abenga and Lillian Opondo as they define the presumption of marriage under Kenyan law and discuss its implications for succession and division of property.

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Join Jean Kambuni and our guest, Brian Waruru as they discuss the key provisions of the Finance Act 2023 and its implication for employers, employees as well as its impact on businesses.

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Join Jean Kambuni and our guest, Rose Mbanya as they discuss what a prenuptial agreement is, why and who gets into one, and the critical clauses that should be included in a prenuptial agreement.

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Join Jean Kambuni and our guest, Diana Gichengo as they discuss the meaning of public participation, the threshold for public participation in Kenya and the challenges impeding the proper realization of the principle of public participation in the country.

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Join Jean Kambuni and our guest, George Oyuga as they discuss the role of stakeholders in the pension industry in tracking the changing pension environment, educating the public, and pushing for pension reforms. 

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Join Jean Kambuni and our guests, Joyce Njogu and Lillian Muchori as they discuss the unique challenges that MSMEs face in Kenya and what MSMEs can do to become more resilient.

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Join Jean Kambuni and our guest, Alfred Ongere in the second episode of a two-part series on Artificial Intelligence. In this episode, we focus on and discuss the ethical and legal implications of A.I.

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Join Jean Kambuni and our guest Edwin Rosana as they discuss the Finance Bill 2023 and its implications for the taxation and operating environment of businesses and individuals

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Join Jean Kambuni and our Dorcas Wainaina as they discuss redundancy, employee termination, and what employers need to know to interact effectively with Gen Z employees.

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Join Jean Kambuni and our guest, SC Mercy Wanjau as they discuss the functions of the office of Secretary to the Cabinet, the role and the responsibilities of the Cabinet, and the legacy of the office of Secretary to the Cabinet in providing continuity for the operations of government.

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Join Jean Kambuni and our guest, Natasha Ochiel in the first episode of a two-part series on Artificial Intelligence. In this episode we focus on defining A.I, understanding how A.I is changing the workplace and discussing opportunities and threats posed by A.I.

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Join Jean Kambuni and our guest, Winnie Aluoch as they discuss common misconceptions we have observed when it comes to change of name.

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Join Jean Kambuni and our guest, Hazel Okoth as they discuss the importance of World IP Day, the different forms of Intellectual Property and the challenges faced by women in terms of access and use of the IP system in Kenya.

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Join Jean Kambuni and our guests, George Nyakundi and Lydia Ochako as they discuss the legal mandate of the Advocates Complaints Commission, the types of complaints that the Commission receives, and the process to follow if you have a complaint against your advocate.

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Join Jean Kambuni as we recap snippets of our five favorite episodes of Season 2 of the GVA Legal Podcast. 

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Join Jean Kambuni and our guests, Beatrice Osicho and Julie Mulindi in the second episode of this two-part series as they talk about how litigation frustrates the insolvency process and the challenges that the Office of the Official Receiver has faced in attempting to hold culpable company directors accountable for their actions.

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Join Jean Kambuni and our guests, Beatrice Osicho and Julie Mulindi in this two-part series as they discuss the history and mandate of the Office of the Official Receiver, the Insolvency Act of 2015 and the rescue mechanisms that this law provides to rehabilitate distressed individuals and entities.

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Join Jean Kambuni and our guest, Grace Murugi as they discuss the digital gender gap, and the strategies that can be applied to enable all women to access digital technologies.

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Join Jean Kambuni and our guest, Dr. Linda Etale as they discuss common areas of gender discrimination and the small steps we can take to promote equality, inclusiveness, and tolerance.

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Join Jean Kambuni, Wilson Wahome, and our guest, Dr. John Akoten as they discuss the process and importance of recordation of intellectual property rights.

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Join Jean Kambuni and our guests, Debrah Kibagendi and Winny Nasirumbi as we unpack the NSSF Act 2013, its contentions, and the implications for employers, employees, and pension schemes.

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Join Jean Kambuni and our guest, Kamal Onyango as we discuss the process, benefits, and pitfalls of hiring an expatriate in Kenya.

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Join Jean Kambuni, Stella Ojango and our guest, Dr. Vincent Oeba as we discuss the highlights of last year’s COP27 and the opportunities for Kenya in carbon trading.

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Join Jean Kambuni and our guest, Aprielle Oichoe as we discuss the importance of Data Privacy Day. We will also give you practical steps you can take to protect your data privacy.

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Join Jean Kambuni and our guest, Mutemi Kiama as we talk about the history of the human rights movement in Kenya.

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Join Jean Kambuni and our guests, Susan Wekesa and Brillian Njoki as we educate ourselves on the plight of blind and partially sighted people in Kenya.

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Join Jean Kambuni as we recap snippets of our five favorite episodes of Season 2 of the GVA Legal Podcast.

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Join Jean Kambuni and our guest, Robin Busolo as we discuss child online protection, the law related to online child protection and the strategies parents and teachers can use to protect the privacy of children online.

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Join Jean Kambuni and our guests as they discuss the hotel rating system in Kenya, the process of hotel classification and the benefits of hotel standardization and classification schemes.

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Join Jean Kambuni and our guests as they discuss the obligations of businesses within the hospitality industry, the various licenses and permits needed to run a business, and the process of applying for a license from the Tourism Regulatory Authority.

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Join Jean Kambuni and our guest, Phillip Kagucia, as we discuss the work of the Ethics and Anti-Corruption Commission and its use of asset recovery as a tool against corruption.

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Join Jean Kambuni and our guest, Boniface Kamiti, as we discuss consumer protection in Kenya, the rights of consumers and the remedies available when a product or service does not meet acceptable standards.

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Join Jean Kambuni and our guest, Abigail Bundi, to understand how e-commerce works in the Kenyan context and the opportunities for business and employment in this space.

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Join Jean Kambuni and our guest, Dr. Thiankolu to find out what surrogacy is, if it is legal in Kenya and the most important clauses in a surrogacy agreement.

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Join Jean Kambuni and our guest, Dr. Omar to find out what the Government of Kenya is doing to address the mental health crisis in Kenya.

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Join Jean Kambuni and our guest, Ibrahim Alubala as we answer commonly asked questions related to parental responsibility, child custody and co-parenting.

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We celebrated the International Day for Universal Access to Information on September 28th 2022. Join Jean Kambuni and our guest, Viola Ochola as we discuss the right to information and the legal framework on information access in Kenya.

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Join Jean Kambuni, Winnie Aluoch and our guest, Okada Buluma as we discuss Foster Care Placement in the Kenyan context as regulated by the Children’s Act 2022.

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Join Jean Kambuni and our guest, Dr. Conrad Bosire, as we discuss the basics of Presidential Election Petitions. We will look at the rules for Presidential election petitions, the standard of proof for a nullification or validation of the presidential election and discuss whether IEBC must agree on the tallying process for Presidential election votes before the Chairperson can declare the results of the election.

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In this episode, we delve into all matters of elections as we discuss the upcoming Kenyan general elections. Our Guest is Isaack Okero Otieno. Isaack is the Kenya Country Director for the International Foundation for Electoral Systems (IFES).

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On episode 31 of the GVA Legal Podcast, we discuss all things Intellectual Property. Louisa Matu-Mureithi and Felix Mungara explain IP, registration, rights, and commercialization. The benefits of registering your IP and monetizing your IP.

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Join Louisa Matu-Mureithi and our guest, Mugambi Laibuta, Advocate of the High Court, trained Mediator, Legislative Counsel, Policy Analyst and Privacy and Data Protection Specialist, as we discuss Data Protection and Privacy. 

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Join Louisa Matu-Mureithi, Annette Akama and our guest Nellie Wainaina, Senior Legal Officer at Octagon Pension Services Limited as we discuss Retirement Planning.

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Join Louisa Matu-Mureithi, Emmanuel Otieno Ouma and Arnold Karanja, as we discuss the interplay between Anti-Money Laundering (AML), Proceeds of Crime and Anti-Money Laundering Act (POCAMLA) and Data Protection & Privacy.  

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Have you ever wanted to change your name? Listen in and find out the legal process of changing your name in Kenya. 

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On this episode, we invited Dr. Bright Gameli Mawudor, Head, Managed Cyber Security Services at Dimension Data East Africa, Founder of the Cyber Security collective, Africahackon and a renounced Cybersecurity expert.  

Bright discusses the regulatory framework, data breach notifications and incident response mechanisms, the interplay between cybersecurity and data privacy and how cybersecurity plays out in the corporate world and affects us as individuals. He also provides some helpful dos and don'ts to help us stay cyber safe. 

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The practice of law has adapted to our “new” normal through the use of technology.

On this episode, we invited Eric Theuri, the Chairperson of the Law Society of Kenya – Nairobi Branch to give more insight into how these changes and developments in technology have impacted the legal practice in Kenya. We discuss emerging areas of practice, and the training legal professionals should undertake to remain relevant and give practical solutions to their clients in our ever-changing world.

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Over the last decade, conversations around mental health have been extensively developed and contextualised with a bid to analyse its effects on economic productivity and national growth. For this episode, we invited Aldo Oluoch-Olunya, a Counselling Psychologist to give us insights on how best to develop tools to cope with the extra-ordinary pressures of our work and social lives. Aldo discusses the need to have a brave and transparent outlook on mental health in a bid to address the stigma around the subject. This is a great listen for professionals looking to strike a better balance in their lives and improve their mental well-being.

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In this episode we host Alaka Lugonzo, an extractives strategist working with Oxfam in Kenya.

Alaka discusses the legal, social and economic intersections of oil and gas exploration in Kenya and specific pertinent issues such as the legal gaps in the existing regulatory framework that need to be addressed. We also discuss the role of gender and community involvement in oil and gas extraction and the wider implications of wholesome national involvement in the extractives sector in Kenya.

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In this episode, we discuss the rights to health and bodily autonomy of Intersex persons. We are honored to host Senior Counsel, John Chigiti to shed light on the challenges faced by Intersex persons and possible ways to address these challenges. 

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Join our host Andrew and co-host Annette as they discuss the recent changes to the Finance Act 2021 and the effects the changes mean to the Pensions sector.

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In this episode, we discuss the most recent amendment to the Employment Act, introducing Pre-Adoptive Leave for employees going through the process of adopting a child. This milestone 20th episode is particularly special as our lead host Andrew Njenga is the principal discussant on this new development in the labour regulatory framework in Kenya.

This will be a great listen for employees who have thought of adopting a child or are in the process of adopting. As always we are excited to engage with you on this. Please leave us your comments down below and we look forward to hearing from you. 

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Join Andrew and Annette as we delve into Sharia Banking with our guest Khalfan Abdallah from the Abrar Consult Group. 

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Legal alert on the Employment (Amendment) Act No. 2 of 2021

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We are discussing theCompanies (Beneficial Ownership) Regulations 2020with our very own Corporate & Commercial associate, Michael Njuguna. We also have Annette Kwamboka Akama making her debut as our Podcast Co-host!

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Today we switch gears from family law to our emerging legislation series and we begin with the Retirement Benefits (Mortgage Loans) (Amendment) Regulations 2020. Find out what this amendment says with regards to purchasing a residential house.

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We continue with our #familylaw series and tackle what happens after a couple gets divorced. We discuss how matrimonial property is divided and what actually constitutes matrimonial property. 

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We are celebrating Earth Day on this podcast and discussing the importance of playing our role in the conservation of our environment. We are honored to host Dr. Musonda Mumba, Director UNDP- Sustainable Development, Nature-Based Solutions (NBS) expert to discuss this important subject.

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We continue with our family law series and today we are talking about Divorce. We host Kevin Walumbe, an advocate of the High Court of Kenya working for the Federation of Women Lawyers in Kenya- FIDA. 

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There has been a lot of talk around the DST and what it holds for those in the digital marketplace. In this episode, we tackle this tax both from the legal side as well as the more practical applications. 

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In this episode, we talk about the importance of succession planning and the types of wills recognized by Kenyan law. Our panelists discuss the consequences of dying without having a will. 

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As we honour International Women's Day, we host singer/songwriter Crystal Asige and discuss women in leadership and the various challenges that women face in society. What do you #choosetochallenge?

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In this episode, we tackle Adoption, the definition, process, and requirements of legal adoption in Kenya, and what to expect when considering adopting a child.

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As we commemorate #WCD2021, we host Waithera Kabiru of Second Chances Organization, a cancer advocacy organization to discuss how we can best support vulnerable cancer patients through raising funds for treatment and providing economic empowerment advice. 

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In this episode, we delve into the legal definition of marriage, the process of registration of a marriage, and the types of marriage in Kenya. Are traditional ceremonies and come-we-stay relationships considered as marriages in the eyes of the law

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In this episode, we have the privilege of hearing from a member of the Judiciary. We discuss the general structure of courts in Kenya, access to justice in Kenya, the judicial digital strategy including virtual court sessions, and e-filing of documents. We delve into the challenges that both the bar and bench have faced due to the effects of the coronavirus and the migration and integration from physical to digital litigation.

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In this episode we look at harassment and HR policy. We delve into what harassment in the work place is and the consequences of harassment in line with the HR policy.

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In this episode we discuss the Work Injury Benefits Act (WIBA) including employers requirements and the employee benefits under the act. We further discuss what injuries are covered under the act. We also discuss the procedure of making a claim under the act.

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In this episode,  we discuss the labor office established under the Directorate of Labor in the Ministry of Labor. From the functions to the role of the labor office. We further discuss the complaints process with the labor officer and the process of dealing with the complaints and what follows after a complaint has been lodged and dealt with.

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In this episode, we look at the jurisdiction of the Employment and Labor Relations Court (ELRC). From the procedure of filing a claim before the ELRC, to how hearings are conducted before that court. We further discuss Alternative Dispute Resolutions(ADR) in the employment field and the basic details that an employment contract should address with regards to termination.

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In this episode we delve into the rights of employees and employers due to the effects of the corona virus. Millions of people in Kenya have lost their jobs due to the pandemic. On the flip side, working from home is now the new norm. We discuss the effects that the corona virus has had on employment from what employers need to implement to allow for working from home to be a success, to unpaid leave, to termination of employment and redundancy.

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In this episode, we discuss the elements of an employment contract. The relationship between an employer and employee is enshrined in an employment contract. From the employment contract, all the terms, obligations, rights of both parties, benefits of the employee among others are listed. These include working hours, job description, remuneration and leave entitlement to name a few

Host : Andrew Njenga -Advocate

Andrew is an associate in the Dispute Resolution Department of GVA. He has a wealth of experience in Environment and Land litigation, Civil litigation, Employment and Labour Relations and Negotiation. He is a Certified Professional Mediator with experience in Alternative Dispute Resolution.

Guests:

Hazel Okoth- Advocate

Hazel is the Lead Counsel in the Intellectual and Anti-counterfeiting Department at GVA. She understands the technical intricacies required when negotiating the intellectual property facets of commercial transactions. She is a member of the International Trademark Association where she sits on the Middle East and Africa Sub-Committee on Anti-counterfeiting and the Global Project Team on Online Counterfeiting.

Daniel Odhiambo- Senior Advocate & Lecturer at Moi University

He is an avid courtroom lawyer at GVA with experience in high value commercial disputes in arbitration and litigation. He has also engaged in local and international commercial transactions where he has advised clients on Intellectual Property, Mergers, Acquisitions, Investment treaties and Public International Law concerns. Other practice areas include Constitutional, Electoral Law and Non-Governmental Organization’s operations.