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May 22, 2020 6 tweets 2 min read
Explainer: Force Majeure and #COVID19. THREAD
Given the severity of the impact of Covid-19 on businesses, many may not be able to perform their contractual obligations or they will delay. As a result, many businesses will likely invoke the force majeure clause so as not to be 1/ held liable for their contractual non-performance.
Force majeure clause relieves a party(s) from liability for non-performance of their obligations as a result of a "superior force" event beyond their control, like floods, fire, war etc. In most cases, force majeure clauses.. 2
May 14, 2020 5 tweets 2 min read
PAID OR UNPAID LEAVE ON ACCOUNT OF #COVID19
Courts have previously held that all leaves under Kenya’s employment Act are paid leaves and the Act does not contemplate a situation where an employer sends his/her employees on unpaid leave. However, nothing stops an employer from entering an agreement with their employees to proceed on unpaid leave. There is a policy response by the Ministry of Labour on the #COVID-19 situation and it, recommends the sending of workers on annual leave and unpaid leave as stop-gap measures, creation
May 12, 2020 17 tweets 4 min read
Termination of Employment in light of #COVID19Ke: Legal consideration.
The impacts of #COVID19 have been felt in nearly all sectors of the global economy.
Question: Can an employer terminate employees’ contracts on account of force majeure/frustration...

A Thread.. ..where the business is disrupted due to the Corona Virus?
1/Kenya’s Employment law has no procedure to be followed by employers in terminating employment in case of an outbreak of an infectious disease.However, it provides for various modes &reasons for termination of employees,
Apr 11, 2020 8 tweets 1 min read
COVID-19 Impact on Business: how to avoid lawsuits on existing contracts. A THREAD COVID-19 pandemic has seen many countries including Kenya put in place measures aimed at controlling the spread of Coronavirus. For instance, a close look at measures put in place by Kenyan Govt have rendered almost all business activities inoperational. 1/