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Contracts and agreements often include a Dispute Resolution Clause, a critical provision that outlines how disagreements between parties will be handled should they arise. This clause helps prevent lengthy and costly litigation by encouraging parties to resolve conflicts through alternative methods such as mediation and arbitration. What is a Dispute Resolution Clause? A Dispute Resolution […]

IntroductionThe complaint was filed by the Complainant against Malibu Pharmacy for alleged unlawful processing of her sensitive personal data. Specifically, the pharmacy had disclosed the Complainant’s medical information on the packaging of her medication without her consent, violating her right to privacy as outlined in the Data Protection Act, 2019. Facts of the CaseThe Complainant

The Office of the Data Protection Commissioner (ODPC) issued a comprehensive Guidance Note in December 2023, addressing the processing of health data in Kenya. This document is pivotal in ensuring that healthcare providers, institutions, and other relevant stakeholders adhere to the highest standards of data protection while handling sensitive health-related information. IntroductionThe health sector in

Case Summary: Wanga v. Republic (Petition E030 of 2023) Background In this case, Goddrick Simiyu Wanga appealed to the Supreme Court of Kenya, challenging a 30-year prison sentence for two counts of robbery with violence. The incident occurred on December 4, 2013, in Kilifi County, where Wanga and his accomplices robbed Yul Wenger and his

Case Summary: Kenya Airports Authority v Otieno Ragot and Company Advocates (Petition E011 of 2023) Background:This case is an appeal by the Kenya Airports Authority (KAA) challenging the judgment and decree of the Court of Appeal at Nairobi, delivered on May 19, 2021. The appeal arose from a dispute over the assessment and taxation of

Case Analysis: Stanbic Bank Kenya Limited v. Santowels Limited (Petition E005 of 2023) [2024] Brief Facts:The case involved a petition by Stanbic Bank Kenya Limited against Santowels Limited. The petitioner, Stanbic Bank, sought to enforce a financial agreement and recover outstanding debts owed by Santowels Limited. The bank had extended a credit facility to Santowels,

The Public Benefits Organizations (PBO) Act of 2013 represents a significant legislative milestone for the regulation and promotion of public benefit organizations (PBOs) in Kenya, encompassing a wide range of non-governmental organizations (NGOs). This Act was introduced to create a more transparent, accountable, and enabling environment for these organizations, allowing them to carry out their

Hilda Mwangi vs. Edgar Obare (ODPC Complaint No. 453 of 2024): As the digital landscape evolves, so too must our approach to data privacy. In Kenya, the Data Protection Act, 2019, stands as a testament to our commitment to safeguarding personal data. At Mbuchi & Associates Advocates, we recognize the critical importance of this legislation

Hilda Mwangi vs. Edgar Obare (ODPC Complaint No. 453 of 2024): Background: Hilda Mwangi, suing as the legal guardian of a minor, MNN, lodged a complaint against Edgar Obare, a social media influencer, for using the minor’s image on his Telegram channel without consent. Legal Findings: Journalistic Exemption: The respondent claimed the processing was for journalistic purposes,

At Mbuchi & Associates Advocates , we are passionate about promoting mediation as a viable and effective means of resolving disputes. Mediation is a voluntary, confidential process where an impartial mediator assists disputing parties in finding a mutually acceptable solution. Unlike litigation, mediation fosters collaboration, reduces hostility, and often results in more satisfactory outcomes for all involved.