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What Happens When a Company Becomes Insolvent and Its Assets Are a Collateral/security to  Facilities Advanced to Another Company?

What Happens When a Company Becomes Insolvent and Its Assets Are a Collateral/security to Facilities Advanced to Another Company?

by Virginiah Nduta, Flavious Chepkirui and Denis Mutugi | Oct 7, 2024 | Legal update

Introduction It is a common practice in the business world for Parent and Holding Companies to provide collateral and guarantee support for loan financing to their subsidiaries and sister companies. There are usually no legal restrictions whatsoever on issuing cross...
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

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...
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...
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