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Administrators Permitted to Sell Charged Company Properties under the Insolvency Act

Administrators Permitted to Sell Charged Company Properties under the Insolvency Act

by Prestone Wawire, George Nadio and Denis Mutugi | Aug 1, 2024 | Legal update

“Based on the above law, and in the absence of evidence to the contrary, I am of the view that the actions carried out by the administrator fell within his mandate. Further, I am not aware of any bar in law that prevents the Bank from pursuing the provisions of the...
The Art of Deception: Debtors shrewd use of Bankruptcy Laws in quest to evade Creditors; How to Stop them.

The Art of Deception: Debtors shrewd use of Bankruptcy Laws in quest to evade Creditors; How to Stop them.

by Caxstone Kigata, Denis Mutugi and George Nadio | May 15, 2024 | Legal update

“Bankruptcy laws were never meant to protect fraudsters rather genuine people who have been hit by factors such as harsh business environment and unavoidable business calamites.  The aim is to give such people a fresh start in life and to enable them “get back...
Is the Territorial Sea Water a Water Resource Subject to Regulation by WARMA?

Is the Territorial Sea Water a Water Resource Subject to Regulation by WARMA?

by Caxstone Kigata, Denis Mutugi and George Nadio | Feb 27, 2024 | Legal update

INTRODUCTION The three (3) wise Judges of the Court of Appeal have made a cardinal observation that indeed human beings have for centuries exploited the enormous resources that are found in the sea better referred to as the Heart of Planet Earth which include, inter...
Complaint Resolution Procedure Under the Energy Act & the Energy (Complaints and Disputes Resolution) Regulations, 2012

Complaint Resolution Procedure Under the Energy Act & the Energy (Complaints and Disputes Resolution) Regulations, 2012

by Lawrence Ongeri, Denis Mutugi and George Nadio | May 30, 2023 | Legal update

A. INTRODUCTION The Energy Act has laid out the necessary guidelines for settling complaints regarding electrical energy consumption. The major energy sector entities established under the Energy Act of 2019 (hereinafter the ‘Act’) that deal with complaints from...
The Dos and Don’ts of an auctioneer while conducting public auctions

The Dos and Don’ts of an auctioneer while conducting public auctions

by Caxstone Kigata and Denis Mutugi | Feb 6, 2023 | Legal update

“An auctioneer cannot conduct a public auction as if it is a private auction. Primarily, the sanctity of auctions must be observed at all times.” (paraphrased) – Justice E.K.O Ogolla in Maina Wanjigi & another v Bank of Africa Kenya Ltd & 2 others [2015]...
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