foreign judgments

Kenya’s highest court finds law on orders by foreign judges must be fixed with the ‘utmost urgency’

A judgment by Kenya’s apex court has found significant gaps in the law dealing with orders of foreign courts. These were discovered in the course of a judgment related to litigation being brought by seven local tea-pickers employed by a Scottish company operating in Kenya. In addition to its finding on the central issue involved, the supreme court ordered that its judgment be brought to the attention of the bodies responsible for preparing and making new legislation, with a ‘signal of the utmost urgency’ for action on developing the law to make it conform to the constitution.

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A strategy developed by Kenyan tea-pickers, suing their Scottish employers for work-related injuries, has revealed a serious gap in the law in Kenya. Five judges of the supreme court identified the gap when they dealt with an appeal related to the legal action, and they have now ordered that their decision be sent to the country’s law-makers, ‘with a signal of the utmost urgency’ to develop the law so that the gap is filled.

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