“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...
In a precedent setting judgment delivered on 5th July 2024 in Milimani HC.Comm/206/2019 Union De Banques Arabes Et Francaises v Chase Bank Kenya Ltd (In Receivership) and SBM Bank Kenya Limited, the high court held that the concept of a quistclose trust was a...
BACKGROUND The Supreme Court has this morning delivered a decision in Stanbic Bank Kenya Limited v Santowels Limited Supreme Court Petition No. E005 of 2023 on the question on the interest rates regime in the banking sector. The writers were involved in the matter...
Introduction In the advent of the affordable housing scheme in Kenya players in the industry are determined to support the government in achieving this agenda. A major concern for the project is financing. The Kenya Institute for Public Policy Research and Analysis...
“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 aim is to give such people a fresh start in life and to enable them “get back...
The commercial value of land can be derived from its ability to be quantified. This quantification of value has enabled land to be used as a commodity, it can be sold, purchased and leveraged. Accordingly, under the provisions of the Land Act (Cap. 280), land can now...
