Legal updates

A recent spate of initial public offerings, high-profile mergers and acquisitions, and litigation has thrust intellectual property (IP) into an increasingly critical position in global economics. However, many organizations often fail to understand the value of and...

(An Analysis of the Classical Case of Paul Muhoro Kihara vs Barclays Bank (K) Ltd, Milimani HCCC No.33 of 2002 (2001) 2EA 420) Brief Background Paul Muhoro Kihara (hereinafter referred to as “Paul”) was an employee of Barclays Bank of Kenya (hereinafter referred to...

Enforcement of foreign judgments in Kenya is the subject of The Foreign Judgments (Reciprocal Enforcement) Act (Cap 43 of the Laws of Kenya). The objective of the Act is to make provision for enforcement of judgments given in countries outside Kenya which accord...

Introduction Employees are contractually obliged to perform their assigned tasks to satisfactory levels. Though the Employment Act may be scanty as regards what constitute a poor performance, the key consideration would be that the employee should have failed to...

Justice should not only be done but seen to be done. Whenever parties appear before a judge, they expect them to be fair and serve justice to them. However, the law is not blind to the possibility of bias and therefore provides for the mechanism through which...

The Data Protection Act (hereinafter referred to as “the Act”) came into force in Kenya on the 25th November 2019 to inter alia regulate the processing of personal data and to provide a legal and institutional mechanism to protect personal data. Since its...

The Business Laws (Amendment) Act came into force on 18th March 2020. The law has amended various statutes in order to facilitate the ease of doing business in Kenya. This article seeks to analyze the practicality of the amendments and how they are likely to impact...

In response to the COVID-19 outbreak, the government adopted a severe lockdown policy, including suspending all public gatherings and stopping movement of persons across certain counties, in order to curb or otherwise contain the spread of the virus. In particular,...

Introduction Companies conduct their business by holding general and special meetings pursuant to Part XIII of the Companies Act 2015. These meetings are generally conducted by congregating an assembly of members. The COVID-19 crisis has necessitated social...

THE CONCEPT OF UNEXPLAINED ASSETS -  A REVIEW OF THE SUPREME COURT’S DECISION IN STANLEY MOMBO AMUTI VS. KENYA ANTI-CORRUPTION COMMISSION  Introduction Under Section 2 of the Anti-Corruption and Economic Crimes Act (ACECA), unexplained assets are the assets of a...