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Way Forward on termination of fixed-term Commercial Leases without a termination clause; A Supreme Court guide

Way Forward on termination of fixed-term Commercial Leases without a termination clause; A Supreme Court guide

by Virginiah Nduta, Flavious Chepkirui and Denis Mutugi | Feb 24, 2025 | Legal update

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The High Court backs Chargee’s right to appoint a receiver to collect rent after the Chargee’s statutory power of Sale has been frustrated

The High Court backs Chargee’s right to appoint a receiver to collect rent after the Chargee’s statutory power of Sale has been frustrated

by Lawrence Ongeri, Flavious Chepkirui and  | Nov 5, 2024 | Legal update

Our client advanced facilities to a Chargor, who accepted the terms via Letters of Offer and executed a Charge and a Deed of Assignment of Rental Income as security. Following the Chargor’s default in servicing the loan and failure to rectify it despite...
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...
Transmission of Shares in public companies limited by shares

Transmission of Shares in public companies limited by shares

by Charles Wamae,  and Flavious Chepkirui | Dec 19, 2023 | Legal update

In our legal alert dated 18th May 2021, we discussed the law regarding transfer of shares by transmission. (Link: https://wamaeallen.com/the-law-regarding-transfer-of-shares-by-transmission/)In the aforementioned article, we stated that shares can be held individually...
Resuscitation of Companies, which way to go Receivership Or Administration

Resuscitation of Companies, which way to go Receivership Or Administration

by Virginiah Nduta and Flavious Chepkirui | Feb 13, 2023 | Legal update

A. INTRODUCTION In recent years especially during and immediately after the unprecedented Covid 19 pandemic, there have been numerous media reports of corporate entities facing a financial crisis. Financial distress in the corporate sector calls for which law is most...
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