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No Person Shall Be Subjected to Unlawful Detention, Cruel, Inhumane, and Degrading Treatment

No Person Shall Be Subjected to Unlawful Detention, Cruel, Inhumane, and Degrading Treatment

by Charles Wamae, Prestone Wawire and George Nadio | Mar 5, 2025 | Legal update

“We have no doubt the respondent’s detention was not only unlawful but was also cruel and inhuman, and amounted to torture.  His rights to due process were wholly compromised.  His right to personal liberty was violated.  To say that he was treated in the most unfair...
A Sigh of Relief to Financial Institutions! – The High Court Rules That A Charged Property Can Be Sold Below the Forced Sale Value

A Sigh of Relief to Financial Institutions! – The High Court Rules That A Charged Property Can Be Sold Below the Forced Sale Value

by Prestone Wawire, Pacifique Muhizi, George Nadio and Denis Mutugi | Oct 25, 2024 | Legal update

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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

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...
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