by Allen Waiyaki Gichuhi C.Arb SC, Caxstone Kigata and Frankline Otieno | Aug 24, 2022 | Legal update
Loading... Taking too long? Reload document | Open in new tab “From the foregoing, the Court of Appeal was alive to the fact that the rule was concerned with public interest. In my view, the rule was introduced in our Laws to tame the appetite of Lenders who had made...
by Allen Waiyaki Gichuhi C.Arb SC | May 9, 2022 | Legal update
“He may not have been a model guarantor but, like Shakespeare’s King Lear, he definitely was a man more sinned against than sinning. And he was entitled to the aid of the law.” – Extract from judgment in Nairobi Civil Appeal No. 80 of 2017 Basil...
by Allen Waiyaki Gichuhi C.Arb SC | Feb 15, 2022 | Legal update
Creditors love defaulting borrowers; they are the best source of profits. A borrower takes a KES 21 million loan which, having failed to service, balloons to the sum of KES 103 million by the time the creditor initiates recovery. However, in respect of banks,...
by Allen Waiyaki Gichuhi C.Arb SC and Caxstone Kigata | Nov 16, 2021 | Legal update
“The kind of fasting I want is this: Remove the chains of oppression and the yoke of injustice, and let the oppressed go free” so says Isaiah 58:6. A Garnishee is defined as a party who is in possession of money or property of a debtor and has been notified by...
by Allen Waiyaki Gichuhi C.Arb SC, Caxstone Kigata and Prestone Wawire | Sep 21, 2021 | Legal alerts
The Chief Justice and President of the Republic of Kenya, published a new Court Fees Assessment Schedule vide Gazette Notice No. 6830 (link). The notice indicates that the said schedule is to apply to the lodging or filing of respective documents in the relevant...