Legal updates

“We, in the circumstances, do not find it plausible that the significant cash deposits were...

“A high level of protection should not be an opt-in; it should be the default.” Henna Virkkunen,...

In Ecobank Kenya Ltd v Ngina, Court of Appeal, Civil Appeal No. 4 of 2020, the Court upheld a...

Assented to on 9th March 2026 and in force since 25th March 2026, the National Infrastructure Fund...

“Absent a waiver in the manner contemplated by the Treaty and the statute domesticating that...

The Central Bank of Kenya (Amendment) Act, 2026 quietly rewrites the rules of emergency lending,...

“Legality review may require a court to examine aspects of the substance of a decision. The...

Kenya now fully enforces mandatory local marine cargo insurance from 1 July 2026. Learn the legal requirements, compliance obligations and business implications.

The Court of Appeal has held that debt-to-equity conversions may trigger deductible foreign exchange losses under Section 4A of the Income Tax Act where the underlying foreign currency loan financed revenue expenditure. The judgment provides important guidance for corporate restructurings, intercompany financing and tax dispute resolution.

“Procurement must conform to the provision of Article 227 of the Constitution even when done...

“Once property is attached pursuant to a court decree, it is placed under the custody of the law...

“Entry into land as a result of a contract or a sale agreement that is not completed especially by...

“The Implication of the Kiambu Club Limited v Kiambu County Government & 2 Others [2026] KEELC...

“In determining the existence of an employment relationship, the Court is expected to go beyond...

In many Kenyan households, the mere mention of writing a will is met with discomfort, uneasy...

INTRODUCTION Kenya’s financial sector has, over the last decade, undergone a profound digital...

Consent, Data Protection, and the Legal Responsibilities of Online Content Creators in Light of...

 “Innovation is not a corporate monopoly; creativity thrives far beyond the boardroom. Copyright...

“A product’s name is its story, and its origin is its soul.” Kenya is poised to take a...

A commentary on the systemic shift from discretionary innovation to statutory rigidity and the...

Carbon credits have become indispensable to the global fight against climate change. As the world...

Introduction Kenya’s economy has not had it easy. From post-COVID turbulence to a weakened...

The Court of Appeal Shuts the Door on Delayed Tender Complaints and Affirms the Strict Boundaries...

The Court of Appeal sounds the final alarm for holders of expired leases and synthesizes the...

A Commentary on the Supreme Court’s Affirmation on the issue of the Automatic Right of Appeal in...

    “Trademark supremacy is an evidentiary burden, not a global assumption; to rely on...

Introduction As Kenya continues to cement its status as “Silicon Savannah,” the...

The rise of usage of Generative AI presents a critical threat to professional confidentiality. The landmark United States v. Heppner (2026) ruling establishes that using consumer-grade AI constitutes a voluntary waiver of legal privilege, as these tools lack a reasonable expectation of confidentiality.

In a groundbreaking judgment delivered on 19th March 2026, the High Court of Kenya at Milimani in Erastus Ngura Odhiambo v State Law Office & Others (Constitutional Petition No. E290 of 2024)

The Court of Appeal’s decision in Resma Commercial Agencies v Ngattah [2025] KECA 2214 (KLR) highlights a profound philosophical tension within the Kenyan legal landscape.

“The requirement to exhaust remedies does not apply when there is no decision or action by the...

The enactment of the Insolvency Act, 2015 marked a paradigm shift in Kenyan corporate law, moving away from a “liquidation-first” mentality toward a sophisticated culture of corporate rescue.

“In the quiet depths of the Karen-Langata landscape, the water table recedes like a fading memory,...

Introduction  The Employment and Labour Relations Court (ELRC) has delivered a significant...

Introduction The High Court has delivered a landmark ruling, in a matter where the firm of Wamae...

Introduction The Law of Contract (Amendment) Bill, 2025 proposes significant reforms to Kenyan...

The Kenyan employment law environment has undergone a significant transformation leading into...

Introduction In the high-stakes world of commercial banking, the negotiability of financial...

“Who Owns the Mind of a Machine? Rethinking Copyright and Trademark Law in the New Age of AI” The...

86….Unless discharged in accordance with the law, securities remain valid, binding, and...

An analysis of the case of Nairobi Civil Appeal No. E160 of 2025 Claire Kubochi Anami (Chairlady),...

Background In the recent decision in Derek Seton v Kenya Power and Lighting Company [KPLC]...

The ODPC has buttressed the principle of strict liability imposed on a Data Subject and the legal...

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 LAWS The 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...

Introduction and Brief Background of The Case The Supreme Court delivered a locus classicus...

One may wonder, what happens when a party A in a contract, through their words or conduct, causes...

In a bold step to position Nairobi as Africa’s multilateral hub, the government introduced new...

A Commentary of the court’s ruling in High Court Civil Case no. E007 of 2023 Kenya Women Micro...

“Upon perusal of the provisions of Section 104(1) of the Land Act, it is apparent that an...

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...

BACKGROUND   The Supreme Court has this morning delivered a decision in Stanbic  Bank Kenya...

Introduction In the advent of the affordable housing scheme in Kenya players in the industry are...

“Bankruptcy laws were never meant to protect fraudsters rather genuine people who have been hit by...

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

 “Success in creating AI would be the biggest event in human history. Unfortunately, it might also...

INTRODUCTION The three (3) wise Judges of the Court of Appeal have made a cardinal observation...

Further to our article...

INTRODUCTION Access 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...

Introduction The 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...

BACKGROUND On 14th April 2020, the Central Bank of Kenya [CBK] issued a press release announcing...

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

“……It is not enough for a party to state that they have a lease or title to the property” –...

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...

“Based on the evidence adduced by the parties it is clear that the Appellant and the Respondent...

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...

“From the foregoing, the Court of Appeal was alive to the fact that the rule was concerned with...

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.