{"id":5298,"date":"2021-02-01T11:38:50","date_gmt":"2021-02-01T08:38:50","guid":{"rendered":"https:\/\/tmc.ke\/staging\/?p=5298"},"modified":"2021-02-01T11:39:08","modified_gmt":"2021-02-01T08:39:08","slug":"legal-factors-affecting-the-kenyan-business-environment","status":"publish","type":"post","link":"https:\/\/tmc.ke\/staging\/legal-factors-affecting-the-kenyan-business-environment\/","title":{"rendered":"LEGAL FACTORS AFFECTING THE KENYAN BUSINESS ENVIRONMENT"},"content":{"rendered":"\n<p>Business\nlaws among other regulatory measures help to protect economic growth and to shield\nconsumers from exploitation and other illegal factors. Before establishing or\nwhen in the process of running a business, it is important to understand the legal\nfactors affecting your business. In this article we\u2019ll look at some of the ways\nvarious laws influence a business and the general business environment.<\/p>\n\n\n\n<p>Legal\nfactors are simply the factors that affect a business and its dealings in\nrelation to governmental\/state laws. These laws play a huge role in determining\nthe success of a business as they regulate the relationship between employers\nand employees, profit margins, taxes and many more. <\/p>\n\n\n\n<ol><li><strong>LABOUR\nLAWS<\/strong><\/li><\/ol>\n\n\n\n<p>The government has passed laws to protect the interest of employees. These laws protect them against discrimination on the basis of their race, religion, sex, age, or colour. Our labour laws can be found in the <a href=\"http:\/\/kenyalaw.org\/kl\/fileadmin\/pdfdownloads\/Acts\/EmploymentAct_Cap226-No11of2007_01.pdf\" target=\"_blank\" rel=\"noreferrer noopener\" aria-label=\" (opens in a new tab)\">Employment Act<\/a>.<\/p>\n\n\n\n<p>These\nlaws play a key role in protecting employees from unfair termination and exploitation.\nFor instance, it is illegal for a business to dismiss employees for joining\ntrade unions or for expecting a baby. Ignoring these legal factors will result\nin serious repercussions for your business. In this case, before the dismissal\nof any worker, there must to be prior notice with proper reasons outlined\notherwise, the case may be treated as an unfair dismissal.<\/p>\n\n\n\n<ol start=\"2\"><li><strong>GOVERNMENT PROCUREMENT LAWS<\/strong><\/li><\/ol>\n\n\n\n<p>The government has put in place various <a href=\"http:\/\/kenyalaw.org\/kl\/fileadmin\/pdfdownloads\/Acts\/PublicProcurementandDisposalAct_Cap412C_.pdf\" target=\"_blank\" rel=\"noreferrer noopener\" aria-label=\"contracting rules, regulations and procedures  (opens in a new tab)\">contracting rules, regulations and procedures <\/a>that dictates the manner in which they conduct their dealings with businesses. The government encourages small businesses to participate in expressing interest when it purchases products and services. It also goes to great lengths to invest in outreach programs to find reliable, qualified small businesses to be its suppliers. <\/p>\n\n\n\n<ol start=\"3\"><li><strong>CONSUMER\/ CUSTOMER PROTECTION LAWS <\/strong><\/li><\/ol>\n\n\n\n<p>In a perfect world, all businesses would act in the best interest of their customers. Unfortunately, this is not the case. For this reason, the government has put in place various laws to protect consumers. <a href=\"http:\/\/kenyalaw.org\/kl\/fileadmin\/pdfdownloads\/Sale%20of%20goods%20(Cap.%2031).pdf\" target=\"_blank\" rel=\"noreferrer noopener\" aria-label=\" (opens in a new tab)\">The Sale of Goods Act is<\/a> a perfect example of this. This Act focuses on the rights and responsibilities of merchants and customers when exchanging legal tenders and goods. It is essential for retailers, whole sellers and businesses involved in the exchange of goods be familiar with its terms. <\/p>\n\n\n\n<ol start=\"4\"><li><strong>ORGANISATIONAL LAW<\/strong><\/li><\/ol>\n\n\n\n<p>Any business that is organized as a legal entity is subject to the state law that governs its operation and conduct. <a href=\"https:\/\/tmc.ke\/staging\/types-of-business-partnerships\/\" target=\"_blank\" rel=\"noreferrer noopener\" aria-label=\"In a previous post we discussed the various forms of business entities (opens in a new tab)\">In a previous post we discussed the various forms of business entities<\/a>. \u00a0For example, corporations, limited partnerships, partnerships and limited liability partnerships all of which have different legal status and liabilities. It is important to understand your business association in order to know what laws apply to you. This helps prevent various illegalities and protects your business as a whole. <\/p>\n\n\n\n<ol start=\"5\"><li><strong>CONTRACT LAW<\/strong><\/li><\/ol>\n\n\n\n<p>Contract\nlaw is the law that governs the relationship between two or more individuals\nwho enter in to an agreement (contract) which creates mutual obligations that\nare enforceable by the law. With this law, business can contract with\nindividuals and both party\u2019s rights are protected without one taking advantage\nof the other. Contract law also spells out the components of a contract and\nwhat would be either legal or illegal and the elements that would void a\ncontract. Fraud, illegality and misrepresentation are all elements that would\nmake a contract void and therefore not enforceable.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Business laws among other regulatory measures help to protect economic growth and to shield consumers from exploitation and other illegal factors. Before establishing or when in the process of running a business, it is important to understand the legal factors affecting your business. In this article we\u2019ll look at some of the ways various laws influence a business and the general business environment. Legal factors are simply the factors that affect a business and its dealings in relation to governmental\/state laws. These laws play a huge role in determining the success of a business as they regulate the relationship between\u2026<\/p>\n","protected":false},"author":4,"featured_media":5300,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_mi_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0},"categories":[1],"tags":[],"blocksy_meta":{"styles_descriptor":{"styles":{"desktop":"","tablet":"","mobile":""},"google_fonts":[],"version":5}},"_links":{"self":[{"href":"https:\/\/tmc.ke\/staging\/wp-json\/wp\/v2\/posts\/5298"}],"collection":[{"href":"https:\/\/tmc.ke\/staging\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/tmc.ke\/staging\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/tmc.ke\/staging\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/tmc.ke\/staging\/wp-json\/wp\/v2\/comments?post=5298"}],"version-history":[{"count":1,"href":"https:\/\/tmc.ke\/staging\/wp-json\/wp\/v2\/posts\/5298\/revisions"}],"predecessor-version":[{"id":5301,"href":"https:\/\/tmc.ke\/staging\/wp-json\/wp\/v2\/posts\/5298\/revisions\/5301"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/tmc.ke\/staging\/wp-json\/wp\/v2\/media\/5300"}],"wp:attachment":[{"href":"https:\/\/tmc.ke\/staging\/wp-json\/wp\/v2\/media?parent=5298"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/tmc.ke\/staging\/wp-json\/wp\/v2\/categories?post=5298"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/tmc.ke\/staging\/wp-json\/wp\/v2\/tags?post=5298"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}