Legal updates
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
Our client advanced facilities to a Chargor, who accepted the terms via Letters of Offer and...
Read MoreA Sigh of Relief to Financial Institutions! – The High Court Rules That A Charged Property Can Be Sold Below the Forced Sale Value
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Read MoreState Corporations are not insulated from Garnishee Proceedings, High Court rules as it allows Export Trading Co. Ltd to Garnishee Kshs.1.7billion held by 3 banks in favour of NCPB
INTRODUCTION The High Court has juridically pronounced itself that State Corporations are not...
Read MoreWhat Happens When a Company Becomes Insolvent and Its Assets Are a Collateral/security to Facilities Advanced to Another Company?
Introduction It is a common practice in the business world for Parent and Holding Companies to...
Read MoreAdministrators Permitted to Sell Charged Company Properties under the Insolvency Act
“Based on the above law, and in the absence of evidence to the contrary, I am of the view that the...
Read MoreThe Quist Close Trust – the rare equitable trust gem that enjoys priority even when a bank is insolvent
In a precedent setting judgment delivered on 5th July 2024 in Milimani HC.Comm/206/2019 Union De...
Read MoreThe Supreme Court Holds that Banks and Financial Institutions are required to seek approval from the Cabinet Secretary responsible for Finance before increasing Interest Rates
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Read MoreReal Estate Investment Trusts
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Read MoreThe Art of Deception: Debtors shrewd use of Bankruptcy Laws in quest to evade Creditors; How to Stop them.
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Read MoreTo the High Court or to the Environment and Land Court?
The commercial value of land can be derived from its ability to be quantified. This quantification...
Read MoreRe-Thinking the Data Protection Act (2019) in the Age of Big Data and AI
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Read MoreIs the Territorial Sea Water a Water Resource Subject to Regulation by WARMA?
“We entertain no doubt that the water that the Appellant uses for its salt production is part of...
Read MoreThe Supreme Court Restores the Unconstitutionality of the NSSF Act 2013: What It Means for Employers and Employees?
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Read MoreNavigating the Legal Labyrinth: Evolving Landscape of Debt Collection in Kenya’s Digital Lending Market
INTRODUCTIONAccess to financing has completely changed with the growth of digital credit,...
Read MoreThe Court of Appeal Reinstates the Banking (Credit Reference Bureau) Regulations 2020, Pending Hearing and Determination of an Appeal by the Central Bank of Kenya
INTRODUCTION Further to our article titled “The High Court Nullifies The Banking Credit Reference...
Read MoreSafeguarding Minors’ Data
IntroductionThe Data Protection Act of 2019 in Kenya and the attendant regulations, lays bare a...
Read MoreTransmission of Shares in public companies limited by shares
In our legal alert dated 18th May 2021, we discussed the law regarding transfer of shares by...
Read MoreCommentary on the Supreme Court of Kenya’s Judgement in Fanikiwa Limited & 3 Others -versus- Sirikwa Squatters Group and 17 Others (the Sirikwa Case)
“…once an individual or entity acquires any unalienated government land, or other land for that...
Read MoreThe Pitfalls of an “Inadvertent” Merger
A COMMENTARY ON THE COMPETITION TRIBUNAL CASE OF THE MAKINI SCHOOL LTD VS COMPETITION AUTHORITY OF...
Read MoreThe High Court Nullifies the Banking Credit Reference Bureau Regulations 2020
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Read MoreComplaint Resolution Procedure Under the Energy Act & the Energy (Complaints and Disputes Resolution) Regulations, 2012
A. INTRODUCTION The Energy Act has laid out the necessary guidelines for settling complaints...
Read MoreInterrogating Principles Applied by the Court When Determining Disputes Concerning Two Different Titles Over the Same Property
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Read MoreRegulation of anti-money laundering in Kenya’s Real Estate Sector
A. INTRODUCTION Anti-money laundering (AML) regulations are important in preventing the flow of...
Read MoreEncryption as an enabler of the Right to Privacy in the Digital Age of Data Economy
A. INTRODUCTION In the past quarter of a century, Kenya has experienced a rapid increment in the...
Read MoreResuscitation of Companies, which way to go Receivership Or Administration
A. INTRODUCTION In recent years especially during and immediately after the unprecedented Covid 19...
Read MoreThe Dos and Don’ts of an auctioneer while conducting public auctions
“An auctioneer cannot conduct a public auction as if it is a private auction. Primarily, the...
Read MoreCrowdfunding Regulations: Legalities in the conventional Capital-raising System
“…… Isn’t equity crowdfunding meant to be all about improving access to capital, not...
Read More“To Be or Not To Be? When the Court presumes it To Be!”
By Kennedy Kithinji & Frankline Michael Otieno“Based on the evidence adduced by the parties it...
Read MoreA commentary on the Association of Micro-finance Vs. The Central Bank of Kenya & 3 others case: “An end to predatory lending”
The advent of debt and borrowing can be traced back as early as 3,500 B.C, long before the dawn of...
Read MoreThe Employment and Labour Relations Court declares mandatory contributions to NSSF unconstitutional
Justices Nduma Nderi, Hellen Wasilwa and Monica Mbaru in Kenya Tea Growers Association and 8...
Read MoreA Commentary on the Children Act, 2022: A Panacean ‘Enclave’ to Children
Introduction It is well within our knowledge that the Children Act 2022 (hereinafter referred to...
Read MoreA Commentary on Anne J. Mugure & 2 others Vs. Helb Case, Petition No. E002 of 2021 – The High Court of Kenya extends the applicability of the in duplum Rule to all lenders
Loading... Taking too long? Reload document | Open in new tab “From the foregoing, the Court of...
Read MoreA Commentary on the Mike Mbuvi Sonko Vs. The Clerk County Assembly of Nairobi and 11 Others
We will discuss the Supreme Court judgment in Mike Mbuvi Sonko v The Clerk County Assembly of Nairobi and 11 Others Petition No. E008 of 2022
Read MoreInformation Communication Technology Practitioners Bill, 2020: An advancement or regressing on technology?
Is the Bill perfect for this society? Is the Bill perfect for this society? Is it over-ambitious? or is it at the precipice of reality and practicality considering our developing economy?
Read MoreHigh Court holds that the failure of a Statutory Regulator to exercise its mandate is enforceable by those who have suffered loss or harm
In this petition, the High Court of Kenya at Machakos stepped in to enforce the duty of care owed by the Insurance Regulatory Authority to the insured in public interest.
Read MoreAre Directors deemed as Employees of a Company?
The certainty of whether a director is an employee of a company is now settled. The terms ‘independent contractor’ and ‘employee’ are mutually exclusive. Contracts with employees entail the placement of employees’ services or productive capacities at the disposal of the employers.
Read MoreWhy All and Sundry must be weary about KRA’s Data Mining Labs
This article finds it relevant to analyse KRA’s proposed data mining labs against the right to privacy and our Data Protection Act (DPA) and Data Protection Regulations (DPR).
Read MoreImplications of the Finance Bill, 2022 on Tax Procedures
Ukur Yatani, Cabinet Secretary for the National Treasury and Planning, on 7th April 2022 tabled the Finance Bill 2022. The theme for the budget this year ‘Accelerating Economic Recovery for Improved Livelihood’.
Read MoreA Good Start to Shaping Start-Ups in Kenya; A review of the Startup Bill, 2021
According to data by Statista, Kenya is home to over 80 startups as of 2021. Kenya is one of the top startup countries in Africa. Statista has proven that by 2021, over $292 million was raised by tech startups in Kenya.
Read MoreRedefining the legal threshold for grant of Interlocutory injunctions in cases where Banks are exercising their Right of Redemption
On 25th January 2022, Mativo J, proceeded to deliver a ruling in what has been protracted litigation between a defaulting borrower, a guarantor and a financier seek to exercise their statutory power of sale.
Read MoreThe High Court compels the Government of Kenya to provide Access to Information relating to the Standard Gauge Railway Contracts
Access to information is critical for enabling citizens to exercise their voice, to effectively monitor and hold government to account, and to enter into informed dialogue about decisions which affect their lives. It is seen as vital for empowering all citizens, including vulnerable and excluded people, to claim their broader rights and entitlements.
Read MoreThe Promises and Perils of the Central Bank Digital currency
Digital currency is a currency that exists only in digital or electronic form or also a means of payment that exists purely in electronic form and can be exchanged for a pre- determined amount equivalent to the local fiat currency. They are only accessible through computing platforms.
Read MoreA Commentary on the Basil Criticos V National Bank Judgment: Damages for Wrongful Sale of a Security.
“He may not have been a model guarantor but, like Shakespeare’s King Lear, he definitely was...
Read MoreLegal and Practical Shortcomings of the Political Party Nomination and Nomination (pre-election) Dispute Resolution Framework
“Kenya’s history of electoral processes since the multiparty era have depicted highly contested,...
Read MoreIn duplum law must be expanded to cover all borrowers
Creditors love defaulting borrowers; they are the best source of profits. A borrower takes a KES...
Read MoreThe Proceeds Of Crime And Anti-money Laundering (Amendment) Act, 2022
“There is a very real danger that financial regulation will become a wolf in sheep’s...
Read MoreDigital Lending In Kenya: A Case For Regulation
“Law and technology produce, together, a kind of regulation of creativity we’ve not seen...
Read MoreDebunking Changes To The Law Of Succession (Ammendment) Act, 2021
A. Introduction “When it comes to divide an estate, the politest men quarrel.” By Ralph Waldo...
Read MoreTwo Wrongs Do Not Make A Right – the Mutation Of Garnishee Orders To Yokes Of Injustice
“The kind of fasting I want is this: Remove the chains of oppression and the yoke of injustice,...
Read MoreNon-Citizens in Kenya have no Pre-Emptive Rights on Leasehold Land
The Effect and Purpose of Article 65 of The Constitution of Kenya & Analysis of Malindi Law...
Read MoreWhether an advocate in their individual capacity can open, operate and manage a bank account or accounts for purposes of conducting their practice
ISSUES FOR DETERMINATION (a) Whether an Advocate qualified under section 9 of the Advocates Act...
Read MoreThe law regarding transfer of shares by transmission
A. Introduction A Share can be defined as a single unit of ownership in a Company. It is...
Read MoreA resignation letter may be vitiated by rescission impairing an employer to act on the letter
Introduction Billy Collins, an American Poet once said that: “The pen is an instrument of...
Read MoreProtection of Intellectual Property in the 21st Century: A Focus on Copyright Protection
As with all other areas of law, intellectual property rights came along so as to protect an...
Read MoreAdvocates be cautious: – Litigate your case in the press or on the internet at your own risk
Van Vechten Veeder, a United States Judge stated: “one’s good name is as truly the product...
Read MoreAway with colonial mindsets: A three judge bench of the High Court rules that murder trials ought to be initiated in the Magistrates Courts and not the High Court.
The former Chief Justice, Dr. Willy Mutunga firmly stated in the year 2012, that colonial mindsets...
Read MoreImplications of the companies (beneficial ownership information) regulations, 2020
A. INTRODUCTION Pursuant to Section 93A of the Companies Act and the Companies (Beneficial...
Read MoreA case for an independent registry for registration of securities over intellectual property
A recent spate of initial public offerings, high-profile mergers and acquisitions, and litigation...
Read MoreLand once offered as collateral becomes a commodity of sale
(An Analysis of the Classical Case of Paul Muhoro Kihara vs Barclays Bank (K) Ltd, Milimani HCCC...
Read MoreEnforcing a foreign judgment in Kenya where there is no agreement for reciprocal recognition and enforcement
Enforcement of foreign judgments in Kenya is the subject of The Foreign Judgments (Reciprocal...
Read MoreWhat Employers ought to do in dismissing their employees due to Poor Performance
Introduction Employees are contractually obliged to perform their assigned tasks to satisfactory...
Read MoreJudicial recusal and when the court must sit.
Justice should not only be done but seen to be done. Whenever parties appear before a judge, they...
Read MoreA case for the appointment of data protection officers pursuant to the data protection act, 2019
The Data Protection Act (hereinafter referred to as “the Act”) came into force in Kenya on the...
Read MoreA Critique of the Business Law (Amendment) Act No. 1 of 2020 and its potential to promote the Ease of Doing Business in the Real Estate and Commercial Sectors.
The Business Laws (Amendment) Act came into force on 18th March 2020. The law has amended various...
Read MoreAll companies can now hold virtual or hybrid AGMs: Wamae and Allen achieves a feat to ease the doing of business in Kenya during this COVID-19 period
In response to the COVID-19 outbreak, the government adopted a severe lockdown policy, including...
Read MoreDecision making by companies during the COVID-19 pandemic
Introduction Companies conduct their business by holding general and special meetings pursuant to...
Read MoreA review of the supreme court’s decision in stanley mombo amuti vs. Kenya anti-corruption commission
THE CONCEPT OF UNEXPLAINED ASSETS – A REVIEW OF THE SUPREME COURT’S DECISION IN STANLEY...
Read MoreThe COVID-19 pandemic qualifying as frustration or force majeure in contracts.
Introduction The crippling impact of the COVID-19 pandemic continues to be felt worldwide. Within...
Read MoreLimitation of the Right to Privacy of Health Data in The Face of a Pandemic.
“The question of the right to privacy must be one of the defining issues of our time” (Salil...
Read MoreEmployee rights and guarantees during the COVID-19 pandemic
Introduction “Employment relationships are not commercial contracts, and the Court must strive to...
Read MoreLegal strategies that employers can implement during the COVID-19 pandemic as a way to cushion themselves & ensure sustainability
Kenya, and the world at large, is currently dealing with the pandemic of COVID-19. The pandemic...
Read MoreThe utility of capital reduction as a means of mitigating financial distress
THE UTILITY OF CAPITAL REDUCTION AS A MEANS OF MITIGATING FINANCIAL DISTRESS Capital reduction is...
Read MoreConstitutionality of polygraph test agreements in employment contracts
Contracts of employment are tools used to manage the risks of the employer-employee relationship....
Read MoreIntellectual Property in Kenya: Challenges in character and celebrity merchandising
Intellectual Property (IP) Law has gained popularity recently due to the growth of Kenya’s digital...
Read MoreHow the Data Protection Act will affect Financial Institutions
“System uptime, data protection and identity theft are weighty issues. It takes real ingenuity to...
Read MoreA Critique of the Public Participation Bill – A case study of the Al Gurhair Case
Introduction For a long time, the people of Kenya participated in governance indirectly through...
Read MoreAre tattoos copyrightable?
Copyright is a property right in an original work of authorship fixed in any tangible medium of...
Read MoreCan Customary Law Override Statutory Law? – An Overview of Ruth Anyolo vs. Agnetta Oiyela Muyeshi (2019) eKLR
Ruth Benedict, in the book Patterns of Culture (1934) said: “The life history of the individual is...
Read MoreMobile Money lending in Kenya – A Critique of the Financial Markets Conduct Bill, 2018.
1.0. Introduction For a long time, money lending was a preserve of commercial banks which dominate...
Read MoreThe Rise in Cyber Crimes in Kenya: How Effective Are Our Laws?
According to a Report by Serianu, a Pan-African based cybersecurity and Business Consulting firm,...
Read MoreCelebrating 6 years of service and dedication to our clients
_____ We are proud to announce our 6th anniversary as a premier full service law firm. Wamae &...
Read MoreBehind the Controversial Tweets and Memes – An overview of Cyprian Andama vs. Director of Public Prosecution and Another (2019) eKLR.
“If liberty means anything at all, it means the right to tell people what they do not want to...
Read MoreGo ye and hear Work Injury Claims, the Supreme Court of Kenya tells the Director of Occupational Safety and Health Services
Introduction The long wait for the Director of Occupational Safety and Health Services...
Read MoreThe Constitutionality of Section 45(3) of the Employment Act.
In a High court ruling delivered in 2012 in the case of Samuel G. Momanyi v Attorney General &...
Read MoreBanks can advertise auctions in their website concurrently with the auctioneer’s newspaper advertisement
The prudential guidelines by the CBK, Consumer Protection Act, Competition Act and the Banking Act...
Read MoreContractor’s Bills Do Not Supersede A Charge
Kenya’s construction industry has skyrocketed in the past 5 years and seems to have engaged a high...
Read MoreHire purchase agreements as security for loans
Hire Purchase Generally A hire purchase agreement (HPA) is defined under the Hire Purchase Act as...
Read MoreSecurity rights over Intellectual Property rights
The Black’s Law Dictionary[1] defines “Intellectual Property” as a category of intangible rights...
Read MoreAre Banks obliged to disclose customer information for tax purposes to the Kenya Revenue Authority?
On 16th May 2018, Justice G.V. Odunga in Petition No. 412 of 2016- Dr. Robert K. Ayisi versus The...
Read MoreSalient Features of the Finance Bill, 2019
On 13th June 2019, the Cabinet Secretary for Finance while delivering the proposed budget spending...
Read MoreDealing with property held by persons suffering from Mental Illness; A review of the Mental Health Act of Kenya
Many of our relatives or friends have fallen ill and, in many circumstances, they are unable to...
Read MoreRedefining the Role of a Guarantor in Kenya, an overview of the Law of Contract (Amendment) Bill, 2019
On 18th September 2018, The Law of Contract (Amendment) Bill 2019 was approved by Members of...
Read More3-year rule on petitioning for divorce proceedings declared unconstitutional
The High Court at Malindi on 23rd September 2019 declared Section 66(1) of the Marriage Act 2014...
Read MoreAllen Elected LSK President 2018
Our Senior Partner Allen Waiyaki Gichuhi on 24th March 2018, was sworn into office as the 48th...
Read MoreW&A Joins Multilaw – The Global Network of Independent Law Firms
Multilaw is a leading global network of independent law firms. It was founded in 1990 on the...
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