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Suing the Unsuable: The Question and the Immunity the Constitution Could Not Pierce

Suing the Unsuable: The Question and the Immunity the Constitution Could Not Pierce

by Caxstone Kigata, Denis Mutugi, George Nadio and Job Omondi | Jul 14, 2026 | Legal update

“Absent a waiver in the manner contemplated by the Treaty and the statute domesticating that treaty, or an established exception, this Court is bound to accord full recognition to that immunity.” Okiya Omtatah Okoiti & 8 others v H.E. (Former) President Uhuru...
Kenya’s Financial Safety Net Gets a Major Overhaul

Kenya’s Financial Safety Net Gets a Major Overhaul

by Janeirene Maina, Peris Kariuki, Frankline Otieno, Denis Mutugi, George Nadio and Job Omondi | Jul 9, 2026 | Legal update

The Central Bank of Kenya (Amendment) Act, 2026 quietly rewrites the rules of emergency lending, regulatory power, and institutional governance. Here is what changed, why it matters, and what to watch next. BACKGROUND The Central Bank of Kenya (Amendment) Act, 2026...
When Does the Review Board’s Reading of a Tender Criterion Cross the Line from Interpretation into Unlawful Alteration?

When Does the Review Board’s Reading of a Tender Criterion Cross the Line from Interpretation into Unlawful Alteration?

by Janeirene Maina, Denis Mutugi, Markfish Wimmer and Job Omondi | Jul 7, 2026 | Legal update

“Legality review may require a court to examine aspects of the substance of a decision. The critical question is not whether the court examines substance, but why it does so.” -Murgor, Joel Ngugi & Munyao, JJA, Okoth & Kiplagat Advocates v Public...
Mandatory Local Marine Cargo Insurance; Now Fully Enforced, Effective 1st July 2026

Mandatory Local Marine Cargo Insurance; Now Fully Enforced, Effective 1st July 2026

by Caxstone Kigata, Denis Mutugi, Frankline Otieno and Job Omondi | Jul 3, 2026 | Legal update

“A person with insurable interest in marine cargo shall place marine cargo insurance with an insurer registered under the Insurance Act (Cap. 487) unless prior exemption has been granted by the Commissioner.” – Section 16A, Marine Insurance Act (Cap. 390), as...
When Does a Capital Transaction Produce a Deductible Revenue Loss?

When Does a Capital Transaction Produce a Deductible Revenue Loss?

by Prestone Wawire, Denis Mutugi, George Nadio and Job Omondi | Jun 29, 2026 | Legal update

“Section 4A of the Act made no distinction about a realization of a foreign exchange gain or loss with reference to its ‘revenue’ or ‘capital’ nature … The method or mode of realization, capital or revenue, appears immaterial in the wording of section 4A of the Act.”...
Fight, Flag, or Walk Away? What the Law Owes an Unsuccessful Tenderer.

Fight, Flag, or Walk Away? What the Law Owes an Unsuccessful Tenderer.

by Caxstone Kigata, Denis Mutugi and Job Omondi | Jun 25, 2026 | Legal update

“Procurement must conform to the provision of Article 227 of the Constitution even when done pursuant to the obligations of a treaty or agreement or any other procedure. The use of any procurement method including direct procurement does not exclude the principles of...
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