Sufficiency of “Terms & Conditions” Notices on Receipts
I
IntroductionThis advisory seeks to examine whether the mere inclusion of “Terms & Conditions” or a reference such as “Terms & Conditions website.com” on a receipt is legally sufficient to bind the parties to the provisions therein, or whether the complete text of the terms must be incorporated within the document. Terms & Conditions may be defined as special or general...
Graduates Photos: Image Rights
Ong’anya Ombo Advocates LLP in offering its representation services on a litigation and dispute resolution matter at the High Court of Kenya at the Machakos’ Constitution and Human Rights Division persuaded the Court that the use of graduates’ photos by an academic institution to market its academic or related activities was in contravention of the Constitutional Rights of the...
Data Protection: ODPC had no jurisdiction until the accent of the DPA Regulation
Caroline Wambui Ndirangu v Nation Media Group Limited & Joseph Kanyi HCCC E149 of 2020 (2024 Ruling)
Whether a case touching on a breach of image rights and privacy rights filed at the High Court before the operationalisation of the Data Protection Act (DPA) should be referred to the Office of the Data Protection Commissioner?
The Defendants filed a Preliminary Objection (PO) that...