2025-01-10
Esther Omulele , Margret Muiruri
The Legality of eSignatures in Kenya
Introduction In an increasingly digital world, Kenya has embraced electronic signatures (eSignatures) as a legitimate means of executing documents and
+2024-12-11
Esther Omulele , Sheila Kamau
DREAMS AND DILEMMAS: WALKING THE TIGHTROPE OF SURROGACY IN KENYA’S LEGAL SHADOWS
Introduction Surrogacy, much like a revolving number of nuanced concepts like Artificial Intelligence, cryptocurrency, social justice, and cybercrime, is slowly
+2024-12-06
Daniel Musyoka , Solomon Opole
Unlocking the Secrets of Life Interest in Wills
Introduction Life interest is a legal term used in estate planning to describe a situation where a person (the life
+2024-12-05
Esther Omulele & Sylvia Kimani
GOING BLUE: WHAT DOES THIS MEAN TO KENYAN COMPANIES?
Introduction Corruption is a cancer in any nation’s bloodstream. It is complex, manifests in various forms, spreads across all sectors
+2024-11-21
Isaiah Mungai, Mary Gathoni Mwai
Essential Contractual Considerations in Sustainability linked Loans
Introduction Over the years, financial institutions have focused on credit creation for purposes of ensuring sustainable economic growth and social
+2024-11-18
Daniel Musyoka
Writing skills
Are you a butcher or a surgeon? Contrary to the aphorism, a lawyer's stock-in-trade is neither time nor advice; it
+2024-11-18
Jessica Mwenje ,Angela Njuguna
UNDERSTANDING SURRENDER OF LAND IN KENYA: AN EXPLORATION OF PROCESS AND PRACTICALITY
In Kenya’s evolving urban landscape, land development is a crucial component of economic growth, particularly with the emergence of large-scale
+2024-10-29
Esther Omulele , Joy Muya
Are Regulatory Sandboxes the Key to Catalysing FinTech Innovation in Kenya?
Sparked by M-Pesa’s groundbreaking debut nearly two decades ago, Kenya’s fintech sector has surged beyond its origins, igniting a wave
+2024-10-18
Isaiah Kamau, Judy Guandaru
The Hawala System: Unraveling the Mysteries of an Alternative Money Transfer Mechanism
In the vast landscape of global finance, there exists a shadowy network known as the Hawala system. This alternative money
+2024-10-09
Daniel Musyoka , Audrey Mudachi
Final is Final: Warts and All
The Meaning and Application of Finality of Arbitral Awards Introduction Arbitral awards are generally considered final and binding on the
+2024-09-27
Esther Omulele, Melissa Were
Stay Ahead: The Ultimate Guide to Corporate Governance Compliance in Kenya’s Business Landscape
Introduction In Kenya’s dynamic economic landscape, corporate governance and compliance have evolved from mere regulatory requirements to crucial strategic tools
+2024-09-26
Jessica Mwenje , Cyprian Masika
New Municipalities in Town. What every Conveyancer and Property Purchaser Needs to Know about this Dawn.
Municipalities in Kenya serve as urban centres that the government utilizes as key sources of revenue to advance its economic
+2024-09-25
Jessica Mwenje , Gideon Langat
PROTECTION OF PUBLIC LAND IN KENYA: ANALYSING THE PROPOSED RESERVATION OF LAND BY THE NATIONAL LAND COMMISSION
The National Land Commission plays the crucial role of administering public land on behalf of the people of Kenya. Further
+2024-09-10
Daniel Musyoka , Karen Muthee, Derrick Mugendi.
The last testament
Succession planning through a will? It's more than just a formality – it's a power move to ensure your legacy
+2024-09-02
I. Mungai Kamau , Joy Murugi Omulele
FINTECH REVOLUTION AND FINANCIAL INCLUSION IN KENYA
The financial system is being rewired, and fintech is the wire, - Jim Marous. Technologies that deal with finances have
+2024-08-21
Advancing Success :Navigating Kenya’s PIP Approval Process
Introduction Turning Proposals into Projects Public-Private Partnerships (PPPs) have emerged as a strategic tool for Kenya to address infrastructure gaps
+2024-08-16
Esther Omulele , Billy Otieno
A Game Changer for Renewable Energy in Kenya
The Energy (Net-Metering) Regulations, 2024 In this era of high electricity bills, the Net- Metering Regulations could not have come
+2024-08-12
Daniel Musyoka, Audrey Diru and Peter Juma
THE PRODIGAL FATHER
Succession Planning Through Lifetime Gifts Abstract “A good man leaves an inheritance to his children's children”[1]. But parents have the
+2024-07-31
Esther Omulele & Billy Otieno
Income Tax (Donations & Charitable Organizations) Rules, 2024 Analysis.
A New Tax Regime for Charitable Organizations- An Analysis of the Income Tax (Donations & Charitable Organizations) Rules, 2024. A
+2024-07-12
Supreme Court Decision: Banks cannot change interest rates on loans without the Finance CS Approval
Abstract The Swahili adage goes, ‘Kukopa ni harusi, kulipa ni matanga’, which literally translates to ‘borrowing is like a wedding,
+2024-07-03
Mungai Kamau, Nalianya Ian Smith , Sheilla Kamau
ARE BANKS NECESSARY?
KENYA EXPLORES THE GLOBAL MEGATREND OF A CENTRAL BANK DIGITAL CURRENCY (CBDC) Abstract Microsoft founder Billy Gates was certainly ahead
+2024-06-27
Sylvia Kimani , Esther Omulele
Transforming Consumer Protection in Kenya’s E-Commerce Sector
Introduction E-commerce has revolutionized consumer transactions in Kenya, offering unprecedented convenience and accessibility. However, with this growth comes an increase
+2024-06-14
Daniel Musyoka, Solomon Opole, Peter Juma
The Final Act: Members’ Voluntary Liquidation v Members’ Liquidation by the Court.
Introduction. There are many parallels between a company and a human being. A company is born at the point of
+2024-05-28
Daniel Musyoka, Karen Muthee, & Faith Kinyua
AND THE TWO SHALL BECOME ONE Joint ownership as a tool in Real Estate Planning
Introduction Engineer Alex Maneno runs a successful engineering firm where he is the sole practitioner. He is the loving husband
+2024-05-13
Esther Omulele, Joy Muya, and Cecile Naitore.
Powering Progress: Embracing Private Sector Participation in Kenya’s Electrical Energy Supply
Introduction Envision having a variety of options for electricity suppliers in a similar way as mobile phone or internet service
+2024-04-29
Esther Omulele, Sylvia Kimani and Cecile Kimaita
A GAME CHANGER IN GREENWASHING? Kenya develops the Kenya Green Finance Taxonomy, 2024
The Central Bank of Kenya (CBK) on 12th April 2024 released the draft Kenya Green Finance Taxonomy (the “KGFT”) and
+2024-04-19
Daniel Musyoka, Karen Muthee & Solomon Opole
WHEN THE ROLL IS CALLED UP YONDER – 5 ways to put your earthly affairs in order
INTRODUCTIONJim Reeves, the distinctive country music maestro of the 50’s and 60’s, sang, “this world is not my home I'm
+2023-09-04
Daniel Musyoka - [email protected] , Karen Muthee - [email protected]
Contracting by Emoji – Judge Rules Thumbs up Emoji Can Seal a Deal!
A.IntroductionIt is Homer Stille Cummings1, who is credited with the phrase, ‘the law is a living thing’. He saw it
+2023-09-04
The Land Control Act, an old statute of dubious utility in current times, and how the LandControl Bill, 2022 intends to change that.
In his judgment in the case of Aliaza v Saul (Civil Appeal 134 of 2017) [2022] KECA 583 (KLR) Justice
+2023-04-26
Kenya’s Sectional Properties Act and its impact on the Registration of Long-Term Leases with respect to Units
Introduction Kenya’s Sectional Properties Act (the “Act”) commenced operation on 28th December 2020 and its main purpose is to provide
+2023-04-26
Juliet Mazera and Mutugi Mutegi
Central Bank of Kenya Proposes Banking Sector Charter
On 6th August 2018, the Central Bank of Kenya (CBK) invited public comments on the proposed Kenya Banking Sector Charter
+2023-04-26
Esther Omulele and Joy Muya
Levelling the Playing Field: Assessing the Effectiveness of Kenya’s Competition Laws in curbing Predatory Practices in light of the China Square Debacle
Background The China Square debacle has produced heated discussion and debate over the past two (2) weeks. Traders in Kenya
+2023-04-26
The Central Bank of Kenya’s Guidance on Climate-Related Risk Management issued in October 2021- The role of Financial Institutions.
This article has been written by Daniel Musyoka and Karen Muthee. In the article, the authors analyze the Central Bank
+2023-04-26
Isaiah Mungai Kamau and Vivian Namisi
Contemporary Challenges facing Islamic Banking in Kenya and Possible Solutions
Introduction Islamic Finance is defined as a way to manage money and conduct business that fits with/ within the moral
+2023-04-25
Dissecting The Impact Of “Ogentoto” : Equality In Marriage Vs. Proving Contribution In Matrimonial Property
Introduction Kenyan jurisprudence on matrimonial property rights recently got a landmark authority when the Supreme Court of Kenya issued its
+2023-04-25
Daniel Musyoka and Faith Rotich
Enforcement of the Right to Equal Access to Quality Basic Education
The state of public education The introduction of free and compulsory basic education, led to an increase in school enrolment
+2023-04-25
Isaiah Mungai Kamau and Ian Smith Nalianya
The regulatory framework behind ESG Lending in Kenya
Background In our previous article, we gave a brief introduction to an increasingly significant and novel component in the financial
+2023-04-25
Daniel Musyoka and Karen Muthee
Finding Your Footing in FIDIC
Introduction Construction industry is reputed to be more risky than other businesses because of the complexity of coordinating various activities.
+2023-04-25
Daniel Musyoka
Good News to Companies: NoMore Advertising of Liquidation Petitions
A threat by a creditor to file a liquidation petition, previously known as a winding up petition, against a company,
+2023-04-25
Esther Omulele, Maxwell Mafubo, Sylvia Kimani, and Faith Akinyi Mugo
Kenya Power: Legal and Commercial Considerations in Varying Power Purchase Agreements
Introduction A Power Purchase Agreement (PPA) is the primary contract entered into between power producers and power purchasers to facilitate
+2023-04-25
Esther Omulele and Maxwell Mafubo Maelo
Highlights of the Draft Energy (Energy Management) Regulations, 2020
On 18th September, 2020, the Energy (Energy Management) Regulations, 2020 (the “Draft Regulations”) were gazetted pursuant to Section 198 (1)
+2023-04-25
Jaqueline Wangui and Winnie Odhiambo
Interrogating Alternative Loan Collateral: Life Insurance
Introduction Insurance is generally defined as an arrangement by which a company undertakes to provide a guarantee of compensation for
+2023-04-25
Daniel Musyoka
Malicious Prosecution: Basis for Liability
When Sue’s ex-husband Joe discovers she is having an affair with his accountant Jimmy, he becomes very angry. Joe decides
+2023-04-25
Daniel Musyoka, Karen Muthee and Solomon Opole
Finding Your Footing in Fidic: Dispute Avoidance Through the Dispute Adjudication Board.
Introduction In Commercial disputes, arbitration is arguably the most popular and widely known dispute resolution process. Historically, arbitration has been
+2023-04-25
Bernard Musyoka and Mutugi Mutegi
Market Inquiry into Kenya’s Leasing Sector – Key Issues
Introduction On 16th March 2018, the Competition Authority of Kenya (the CAK) published a notice of its intent to carry
+2023-04-25
Daniel Musyoka
Beware of the monster lurking at midnight
Avoid pathological clauses in arbitration Introduction Arbitration has gained popularity, especially in commercial and construction disputes, local and international. Indeed
+2023-04-25
Juliet Mazera
Mining in Kenya and Government’s participation in large scale mining operations
Mining in Kenya is regulated by the Mining Act, 2016 (the Mining Act). The Mining Act prohibits any person from
+2023-04-25
Bernard Musyoka, Charles Kyengo and Wambui Mutugi
New Framework for Quality- of- Service Assessment of Telecommunication Systems and Services
Introduction The Communications Authority of Kenya (CA) is established under the provisions of the Kenya Information and Communications Act, No.
+2023-04-25
Jaqueline Wangui and Victor Maobe
Parliamnet Annuls ERC Regulations on Solar Panels
Owners of large residential and commercial buildings who have not installed solar water heaters have been spared possible imprisonment or
+2023-04-25
Post Covid Corporate Debt Restructuring in Kenya: Lessons for Borrowers and Lenders
COVID-19 has severely affected the global economy and financial markets. Significant reductions in income, rise in unemployment, and disruptions in
+2023-04-25
Protecting Your Brand Through Registration of a Domain Name
Introduction Modern technology has enabled online presence of business entities with many organisation selling their products and services through online
+2023-04-25
Isaiah Mungai Kamau and Catherine Karanja
Robin Hood Tax Takes Shape in Kenya
The National Treasury and Planning Cabinet Secretary, Mr. Henry Rotich published the Finance Bill, 2018 through Kenya Gazette Supplement No.
+2023-04-25
Salient Changes under the Business Laws (Amendment) Act, No. 2 of 2021
The Business Laws (Amendment) Act No. 2 of 2021 (the “Act”) was assented to on 31st March, 2021 and came
+2023-04-25
Bernard Musyoka & Juliet Mazera
Securities Lending and Borrowing and Short-Selling Introduced in Kenya
Introduction On 12th January 2018, the Cabinet Secretary for the National Treasury enacted the Capital Markets (Securities Lending, Borrowing and
+2023-04-25
Daniel Musyoka
Surety Bonds: Case for Collateral
A surety bond is a type of risk management tool; it is an agreement where the surety, a bank or
+2023-04-25
Jessica Mwenje & Kelvin Gathara
Tax Incentives for Developers and First-Time Home Owners Under the Tax Laws (Amendment) ACT, 2018
Introduction As you may be aware on 18th July, 2018, the President assented into law the Tax Laws (Amendment) Bill,
+2023-04-25
Juliet Mazera
The Availability of Indigenous Finance
In the past, African Governments have played the role of being the primary provider of public infrastructure and services. In
+2023-04-25
Jaqueline Wangui & Miriam Tatu
The Three Legs of Capital Structure: Essential Tips for Companies
Introduction Indisputably, the ultimate goal of any business is to maximise the wealth of its investors by generating greater amounts
+2023-04-25
Joy Murugi Omulele and Omondi Partick Oketch
Commentary on the Central Bank of Kenya (Amendment) Bill, 2021
Introduction The Kenyan National Assembly is currently in the process of reviewing the Central Bank of Kenya (Amendment) Bill, 2021
+2023-04-25
Juliet Mazera
Public Private Partnerships: Development of Kenya’s PPP Programme
In the past, the Government of Kenya has played the role of being the primary provider of public infrastructure and
+2023-04-25
Daniel Musyoka
Unlocking Defamation: What to Consider Before Suing or if Sued
Introduction Since 2008 when the banking and micro-finance laws were amended to allow financial institutions to share credit information of
+2023-04-25
Juliet Mazera
Why the Reverse Mortgage is Good for the Kenyan Market
Over the last two years, the Kenyan banking sector has been plagued with various issues including the collapse of two
+2023-04-14
Jacqueline Wangui and Michael Okumu
An Islamic Banking ACT in Kenya? Detonating the Conundrum
“And for whatever Riba you give so that it may increase in the wealth of people it does not increase
+2023-04-14
Juliet Mazera and Mary Kahura
A Review of the Draft Analysis Mason Report on the Telecommunications Competition Market in Kenya:
Background The Communications Authority of Kenya on 20th February 2018 convened a public workshop to disseminate the findings of the
+2023-04-14
Juliet Mazera and Lule Anne Kalekye
Creative Developments: A highlight of the changes proposed by the Copyright (Amendment) Bill, 2017
Introduction The Copyright (Amendment) Bill, 2017 (the Copyright Bill) proposes to amend the Copyright Act (No.12 0f 2001) (the Copyright
+2023-04-14
Jessica Mwenje and Miriam Tatu
A Brief Overview of the Land Value Index Laws (Amendment) Bill, 2018
Introduction The Land Value Index Laws (Amendment) Bill, 2018 (the “Bill”) seeks to amend the Land Act, the Land Registration
+2023-04-14
Juliet Mazera, Mary Kahura and Wambui A. Mutugi
A Brief Overview of Kenya’s PPP Pipeline Status Report
Introduction The Public Private Partnership Unit (PPP Unit), a specialized unit within the National Treasury, is responsible for the overall
+2023-03-31
Asafo & Co. advised LBOF Securities International in the acquisition of a stake in CGF Bourse, the leading Dakar-based asset management and brokerage firm.
Asafo & Co. advised LBOF Securities International, which is controlled by LBO France Gestion, a multi-specialist investment platform founded in
+2023-03-26
Jessica Mwenje and Winnie Odhiambo
Fractional and Timeshare Ownership of Real Property in Kenya – Is it time?
Introduction I own that villa. Well, a fraction of it. That ordinarily would be a rare statement from an ordinary
+