Legal updates

Introduction and Brief Background On May 9, 2025, the Court of Appeal delivered a judgment in the...

Introduction Aldai Member of Parliament Hon. Marianne Kitany has published a Private Member’s Bill...

Introduction The Draft Data Protection (Amendment) Bill, 2025—developed by the Data Privacy and...

BACKGROUND Virtual Assets (VAs) are capable of enhancing digital finance, e-commerce,...

DETERMINATION OF CASE LAWSThe right to privacy is not one that can be forsaken in the quest of...

Introduction The advent of the Internet and mobile apps has significantly transformed business...

“We have no doubt the respondent’s detention was not only unlawful but was also cruel and inhuman,...

INTRODUCTION The Court of Appeal has today 28th February 2025 delivered a Judgment in Nic Bank...

The Tax Laws (Amendment) Act ,2024 that commenced on 27th December 2024 introduced amendments to...

Loading... Taking too long? Reload document | Open in new tab Download [428.43 KB] About the...

Loading... Taking too long? Reload document | Open in new tab Download [311.83 KB] About the...

Loading... Taking too long? Reload document | Open in new tab Download [420.42 KB] About the...

Our client advanced facilities to a Chargor, who accepted the terms via Letters of Offer and...

Loading... Taking too long? Reload document | Open in new tab About the author About the author...

INTRODUCTION The High Court has juridically pronounced itself that State Corporations are not...

Introduction It is a common practice in the business world for Parent and Holding Companies to...

“Based on the above law, and in the absence of evidence to the contrary, I am of the view that the...

In a precedent setting judgment delivered on 5th July 2024 in Milimani HC.Comm/206/2019 Union De...

Loading... Taking too long? Reload document | Open in new tab Download [340.41 KB] BACKGROUND  The...

Loading... Taking too long? Reload document | Open in new tab Download [427.15 KB] IntroductionIn...

Loading... Taking too long? Reload document | Open in new tab Download [491.25 KB] “Bankruptcy...

The commercial value of land can be derived from its ability to be quantified. This quantification...

Loading... Taking too long? Reload document | Open in new tab Download [1.22 MB] About the author...

“We entertain no doubt that the water that the Appellant uses for its salt production is part of...

Loading... Taking too long? Reload document | Open in new tab Download [1.11...

INTRODUCTIONAccess to financing has completely changed with the growth of digital credit,...

INTRODUCTION  Further to our article titled “The High Court Nullifies The Banking Credit Reference...

IntroductionThe Data Protection Act of 2019 in Kenya and the attendant regulations, lays bare a...

In our legal alert dated 18th May 2021, we discussed the law regarding transfer of shares by...

“…once an individual or entity acquires any unalienated government land, or other land for that...

A COMMENTARY ON THE COMPETITION TRIBUNAL CASE OF THE MAKINI SCHOOL LTD VS COMPETITION AUTHORITY OF...

Loading... Taking too long? Reload document | Open in new tab Download [331.70 KB] BACKGROUND On...

A. INTRODUCTION The Energy Act has laid out the necessary guidelines for settling complaints...

Loading... Taking too long? Reload document | Open in new tab Download [326.98 KB] About the...

A. INTRODUCTION Anti-money laundering (AML) regulations are important in preventing the flow of...

A. INTRODUCTION In the past quarter of a century, Kenya has experienced a rapid increment in the...

A. INTRODUCTION In recent years especially during and immediately after the unprecedented Covid 19...

“An auctioneer cannot conduct a public auction as if it is a private auction. Primarily, the...

“…… Isn’t equity crowdfunding meant to be all about improving access to capital, not...

By Kennedy Kithinji & Frankline Michael Otieno“Based on the evidence adduced by the parties it...

The advent of debt and borrowing can be traced back as early as 3,500 B.C, long before the dawn of...

Justices Nduma Nderi, Hellen Wasilwa and Monica Mbaru in Kenya Tea Growers Association and 8...

Introduction It is well within our knowledge that the Children Act 2022 (hereinafter referred to...

Loading... Taking too long? Reload document | Open in new tab “From the foregoing, the Court of...

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

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?

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.

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.

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).

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’.

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.

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.

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.

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.

“He may not have been a model guarantor but, like Shakespeare’s King Lear, he definitely was...

“Kenya’s history of electoral processes since the multiparty era have depicted highly contested,...

Creditors love defaulting borrowers; they are the best source of profits. A borrower takes a KES...

  “There is a very real danger that financial regulation will become a wolf in sheep’s...

  “Law and technology produce, together, a kind of regulation of creativity we’ve not seen...

A. Introduction “When it comes to divide an estate, the politest men quarrel.” By Ralph Waldo...

“The kind of fasting I want is this: Remove the chains of oppression and the yoke of injustice,...

The Effect and Purpose of Article 65 of The Constitution of Kenya & Analysis of Malindi Law...

ISSUES FOR DETERMINATION (a) Whether an Advocate qualified under section 9 of the Advocates Act...

A. Introduction A Share can be defined as a single unit of ownership in a Company. It is...

Introduction Billy Collins, an American Poet once said that: “The pen is an instrument of...

A. INTRODUCTION Pursuant to Section 93A of the Companies Act and the Companies (Beneficial...

A recent spate of initial public offerings, high-profile mergers and acquisitions, and litigation...

(An Analysis of the Classical Case of Paul Muhoro Kihara vs Barclays Bank (K) Ltd, Milimani HCCC...

Enforcement of foreign judgments in Kenya is the subject of The Foreign Judgments (Reciprocal...

Introduction Employees are contractually obliged to perform their assigned tasks to satisfactory...

Justice should not only be done but seen to be done. Whenever parties appear before a judge, they...

The Data Protection Act (hereinafter referred to as “the Act”) came into force in Kenya on the...

The Business Laws (Amendment) Act came into force on 18th March 2020. The law has amended various...

In response to the COVID-19 outbreak, the government adopted a severe lockdown policy, including...

Introduction Companies conduct their business by holding general and special meetings pursuant to...

THE CONCEPT OF UNEXPLAINED ASSETS –  A REVIEW OF THE SUPREME COURT’S DECISION IN STANLEY...

Introduction The crippling impact of the COVID-19 pandemic continues to be felt worldwide. Within...

“The question of the right to privacy must be one of the defining issues of our time” (Salil...

Introduction “Employment relationships are not commercial contracts, and the Court must strive to...

Kenya, and the world at large, is currently dealing with the pandemic of COVID-19. The pandemic...

THE UTILITY OF CAPITAL REDUCTION AS A MEANS OF MITIGATING FINANCIAL DISTRESS Capital reduction is...

Contracts of employment are tools used to manage the risks of the employer-employee relationship....

“System uptime, data protection and identity theft are weighty issues. It takes real ingenuity to...

Introduction For a long time, the people of Kenya participated in governance indirectly through...

Copyright is a property right in an original work of authorship fixed in any tangible medium of...

Ruth Benedict, in the book Patterns of Culture (1934) said: “The life history of the individual is...

1.0. Introduction For a long time, money lending was a preserve of commercial banks which dominate...

According to a Report by Serianu, a Pan-African based cybersecurity and Business Consulting firm,...

“If liberty means anything at all, it means the right to tell people what they do not want to...

The prudential guidelines by the CBK, Consumer Protection Act, Competition Act and the Banking Act...

The Black’s Law Dictionary[1] defines “Intellectual Property” as a category of intangible rights...