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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

Loading... Taking too long? Reload document | Open in new tab Download [491.25 KB] “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...
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

“We entertain no doubt that the water that the Appellant uses for its salt production is part of Kenya’s territorial waters (Sea) and is not res nullius (a thing with no owner) but res publicae (a public thing) and thus its usage is subject to control by the Laws of...
Commentary on the Supreme Court of Kenya’s Judgement in Fanikiwa Limited & 3 Others -versus- Sirikwa Squatters Group and 17 Others (the Sirikwa Case)

Commentary on the Supreme Court of Kenya’s Judgement in Fanikiwa Limited & 3 Others -versus- Sirikwa Squatters Group and 17 Others (the Sirikwa Case)

by Caxstone Kigata and Frankline Otieno | Dec 18, 2023 | Legal update

“…once an individual or entity acquires any unalienated government land, or other land for that matter, consequent upon registration of title, in accordance with the provisions of the applicable law, such land transmutes from public to private land…such land is...
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] Eklr...
The Employment and Labour Relations Court declares mandatory contributions to NSSF unconstitutional

The Employment and Labour Relations Court declares mandatory contributions to NSSF unconstitutional

by Caxstone Kigata and Frankline Otieno | Oct 3, 2022 | Legal update

Justices Nduma Nderi, Hellen Wasilwa and Monica Mbaru in Kenya Tea Growers Association and 8 Others v The National Social Security Fund Board of Trustees and Others, Petition No. 38 Of 2014 (Consolidated with Petition 34,35, 49 And 50 Of 2014)“156. For members who are...
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