Insight type: Legal Alert

In recent years, workplace harassment—particularly sexual harassment—has increasingly come under scrutiny worldwide, driving significant changes in legal frameworks. These shifts reflect a growing recognition of the importance of creating safe and respectful work environments. Employers are now expected not only to respond to harassment complaints but also to proactively prevent harassment before it occurs.

In this Legal Alert, we explore recent developments in the UK on enhanced employer duty to prevent sexual harassment in the workplace and what implications this has for employers in Kenya.

In a landmark decision, the High Court (Honourable Mr. Justice Chigiti, SC) declared the Income Tax (Financial Derivatives) Regulations, 2023 (the Regulations) unconstitutional. The Regulations, published by the Cabinet Secretary for National Treasury and Economic Planning on 27 January 2023 under Legal Notice No. 4 of 2023, sought to implement a withholding tax regime on financial derivative transactions involving non-residents.

The Court of Appeal recently issued its ruling on an application by the Cabinet Secretary for Health (the CS) seeking a stay of the High Court’s decision of 19 July 2024. The High Court declared some provisions of the Social Health Insurance Act (SHIA), the Digital Health Act (DHA), and the Primary Health Care Act (PHCA) unconstitutional but suspended the effect of its judgment for 120 days to allow for amendments to the unconstitutional provisions and public participation. However, the Court of Appeal has now granted a stay of the entire High Court judgment. 

In the recent landmark decision of Symon Wairobi Gatuma v. Kenya Breweries Limited & 3 Others, SC Petition No. E023 of 2023, the Supreme Court of Kenya (SCOK) addressed the complexities surrounding the impact of changes in employment terms, particularly remuneration, on employee rights within the context of parent and subsidiary companies.

The Nigerian Upstream Petroleum Regulatory Commission (the Commission) released the Production Curtailment and Domestic Crude Oil Supply Obligations (the Regulations) in 2023 pursuant to section 8 (c) and section 109 of the Petroleum Industry Act 2021 (the Act). The Regulations aim to ensure that licensees and lessees meet production quotas set by the Commission and also ensure they supply the crude oil needs of domestic refineries on a willing buyer, willing seller basis.

As part of the process of reformation of the electricity sector in Nigeria, the Nigerian Electricity Regulatory Commission (NERC) pursuant to the powers conferred on it by section 230 of the Electricity Act 2023, issued orders for the transfer of regulatory oversight of the electricity market from NERC to the Edo, Oyo, Enugu, Imo, Ekiti, and Ondo State Electricity Regulatory Commission (SERC).

The Nigerian virtual asset and cryptocurrency space has been the subject of regulatory scrutiny in recent times. The Securities and Exchange Commission (SEC or the Commission) is keen to ensure the safety of investors in the space, while encouraging innovation. To achieve this objective, the SEC has undertaken several actions this year.

The enactment of the Companies and Allied Matters Act (CAMA) 2020, introduced a significant change in Nigerian corporate law by allowing the registration of private companies with single shareholders. Under the previous law, the incorporation of any company required a minimum of two shareholders.