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A Commentary on the Basil Criticos V National Bank Judgment: Damages for Wrongful Sale of a Security.

A Commentary on the Basil Criticos V National Bank Judgment: Damages for Wrongful Sale of a Security.

by Allen Waiyaki Gichuhi C.Arb SC | May 9, 2022 | Legal update

“He may not have been a model guarantor but, like Shakespeare’s King Lear, he definitely was a man more sinned against than sinning. And he was entitled to the aid of the law.” – Extract from judgment in Nairobi Civil Appeal No. 80 of 2017 Basil...
Legal and Practical Shortcomings of the Political Party Nomination and Nomination (pre-election) Dispute Resolution Framework

Legal and Practical Shortcomings of the Political Party Nomination and Nomination (pre-election) Dispute Resolution Framework

by Caxstone Kigata and Frankline Otieno | May 9, 2022 | Legal update

“Kenya’s history of electoral processes since the multiparty era have depicted highly contested, ‘do or die’ processes. While coming at the tail end of the electoral management process, dispute resolution plays a critical part in ensuring free and fair elections.”...
In duplum law must be expanded to cover all borrowers

In duplum law must be expanded to cover all borrowers

by Allen Waiyaki Gichuhi C.Arb SC | Feb 15, 2022 | Legal update

Creditors love defaulting borrowers; they are the best source of profits. A borrower takes a KES 21 million loan which, having failed to service, balloons to the sum of KES 103 million by the time the creditor initiates recovery. However, in respect of banks,...
The Proceeds Of Crime And Anti-money Laundering (Amendment) Act, 2022

The Proceeds Of Crime And Anti-money Laundering (Amendment) Act, 2022

by Kennedy Kithinji and Damaris Muia | Feb 10, 2022 | Legal update

  “There is a very real danger that financial regulation will become a wolf in sheep’s clothing.” Henry Paulson, former US Secretary of Treasury. A. Introduction Money laundering is deemed as the process of making ‘dirty money’ (illegally obtained money) appear...
Digital Lending In Kenya: A Case For Regulation

Digital Lending In Kenya: A Case For Regulation

by Kennedy Kithinji and Damaris Muia | Dec 14, 2021 | Legal update

  “Law and technology produce, together, a kind of regulation of creativity we’ve not seen before.”  Lawrence Lessig, American Academic, Attorney and Political Activist. A. Introduction Digital finance are financial services which rely on digital technology for...
Debunking Changes To The Law Of Succession (Ammendment) Act, 2021

Debunking Changes To The Law Of Succession (Ammendment) Act, 2021

by Caxstone Kigata, Kennedy Kithinji and Damaris Muia | Nov 25, 2021 | Legal update

A. Introduction “When it comes to divide an estate, the politest men quarrel.” By Ralph Waldo Emerson Succession or inheritance is defined in the Black’s Law Dictionary 5th Edition as “the devolution of title to property under the law of descent and distribution. The...
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