The Kenyan Parliament is reviewing the Employment (Amendment) Bill 2025, which aims to introduce stricter obligations on employers to address and prevent sexual harassment in the workplace. The Bill proposes mandatory internal reporting systems, designated HR officers trained in handling sensitive complaints, and compulsory annual training for all staff.
This proposed legislation follows an increase in reported workplace harassment cases and public pressure for stronger legal safeguards. If passed, it will require employers to maintain detailed records of complaints, provide quarterly reports to the Ministry of Labour, and take corrective actions swiftly. The Bill also introduces penalties for companies that retaliate against whistleblowers or fail to take action.
Kabugu & Co. Advocates urges all employers to review their current HR policies and training protocols. Proactive adaptation will not only ensure legal compliance but also foster a safer, more inclusive workplace culture. We are offering specialized audits and training workshops to help our clients prepare for the anticipated legal changes.
The Office of the Data Protection Commissioner (ODPC) has begun full-scale enforcement of the Data Protection Act, 2019, impacting businesses across Kenya. Companies collecting, processing, or storing personal data are now required to comply with strict data handling, storage, and consent procedures. Non-compliance can attract significant fines, including up to KES 5 million or 1% of annual turnover.
This shift is part of Kenya’s broader strategy to create a secure digital economy and safeguard citizens' digital identities. Businesses must register as data controllers or processors with the ODPC and adopt proper privacy policies, consent mechanisms, and breach notification systems. Sectors like healthcare, e-commerce, financial services, and education are especially affected.
At Kabugu & Co. Advocates, we are actively assisting clients with registration, policy drafting, and staff training to meet these new legal requirements. Our team urges companies to treat this seriously — compliance is not only legal protection but also a trust-building opportunity with customers in an increasingly privacy-conscious society.
In a significant decision, the Environment and Land Court of Kenya has issued a ruling that strengthens the rights of long-term tenants and squatters against arbitrary eviction. This case involved a group of squatters in Laikipia County who had occupied land for over 20 years. The landowner attempted to evict them without following proper legal procedures, triggering a public interest lawsuit.
The court emphasized that even if tenants or squatters lack title deeds, they are still protected under the Constitution of Kenya, especially where long-term occupation and improvements to the land are evident. The court ruled that the landowner must follow due process, including issuing proper notice and obtaining an eviction order, while considering the historical context of occupation.
This ruling sets a strong precedent for land rights litigation in Kenya, especially in rural and peri-urban areas. At Kabugu & Co. Advocates, we advise all landowners and occupiers to seek legal counsel before taking any action regarding property disputes. This case illustrates the growing judicial awareness of socioeconomic realities and the need to balance property rights with human dignity.
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