Understanding Matrimonial Property Division in Kenya: Legal Framework and Key Court Rulings This opinion addresses the current legal position in […]
All posts by MMS Advocates
Patents And Copyrights: Empowering Kenya’s Digital Revolution
Patents And Copyrights: Empowering Kenya’s Digital Revolution: Kenya is quickly emerging as a center for technical innovation, thanks to numerous […]
Modifying Child Support Orders in Kenya: When and How It’s Possible
Modifying Child Support Orders in Kenya: When and How It’s Possible In Kenya, the modification of child support orders is […]
Child Support in Kenya: What Happens When One Parent Moves Abroad?
Child Support in Kenya: What Happens When One Parent Moves Abroad? As globalization continues to shape our society, cross-border family […]
How To Lift an Agency Notice Issued by The Commissioner Of Taxes
How To Lift an Agency Notice Issued by The Commissioner of Taxes An Agency Notice is a notice in writing […]
Understanding Matrimonial Property: A Guide to Property Rights in Marriage
Introduction Parties to an intended marriage may enter into an agreement before their marriage to determine their property rights. Such […]
Appealing the decision of the Tax Appeals Tribunal at the High Court.
There is no limitation for the period covered in a tax investigation in cases of gross/willful, neglect, evasion or fraud […]
Family Trusts as an Alternative to Traditional Succession
Family Trusts as an Alternative to Traditional Succession In our previous article, we discussed how to register a family trust. […]
Comprehensive Guide to Understanding Divorce Procedures and Legal Grounds
Comprehensive Guide to Understanding Divorce Procedures and Legal Grounds; Divorce has become a common term in today’s society, no longer […]
Navigating Intellectual Property Rights in Innovations: Balancing Employer and Employee Interests
To thrive in these unprecedented economic and digital times, organizations need to embrace creativity and innovation. Through innovation an organization can achieve competitive advantage which creates room for growth and sustainability. An organization’s innovative climate is driven by its human resource. Employees breathe life into innovation through their knowledge, skills and abilities; while employers are the driving force, they provide the employees with the required environment and resources to innovate. In Kenya, the main hindrance towards the development of new inventions is the lack of awareness of laws and legal rights of the employees and employers related to ownership of intellectual property of the invention. Due to this gap, innovators are exploited, this demotivates them from actualising their creative potential, for fear that the organization or employer will take all the credit. In a recent South African case of Vodacom (Pty) Ltd v Makate and Another (401/2022) [2024] ZASCA the Supreme Court ordered Vodacom to compensate Mr. Makate in billions for the ‘please call me’ idea he invented when he was an employee at Vodacom, although the idea was wholly operationalised by Vodacom. Such lawsuits against employers and organizations can be prevented by implementing the rights granted to each party under the law. This Article will discuss how the law creates a balance between the rights of the employer and the innovator employee to ensure both benefit from the innovation. Innovations are governed by the Industrial Property Act, 2001 (IPA). The general rule under […]