Articles
The content of these articles is intended to be of general use only and should not be relied upon without seeking specific legal advice on any matter.
Employee Stock Ownership Plans (ESOPs) have become integral components of many companies’ compensation and benefits packages. Central to the effective […]
Inventors and business persons in industries where innovation is rapid such as technology, the automotive industry, telecommunications and manufacturing often […]
A copyright is a type of intellectual property that gives the creator of a creative work an exclusive and legal […]
After 3 or more years of marriage, an aggrieved party to a marriage may petition the court for divorce. This […]
(Data Privacy). The Data Protection Act 2019 gives data subjects more control over how their data is used by organizations. […]
Employee Stock Ownership Plans (ESOPs) have emerged as valuable tools for fostering employee ownership and engagement in companies worldwide, including […]
A patent is a legal right approved by the government for protecting an invention from public misuse. The legal framework around […]
A land title deed is a document that proves ownership and legal rights over a piece of land. It is […]
With the enactment of the Matrimonial Property Act, 2013 (the Act), prenuptial agreements gained formal recognition in Kenya. The Act came into […]
A company limited by guarantee is a specific legal structure that does not have any shares or shareholders (like the […]
To thrive in these unprecedented economic and digital times, organizations need to embrace creativity and innovation. Through innovation an organization can achieve competitive advantage which creates room for growth and sustainability. An organization’s innovative climate is driven by its human resource. Employees breathe life into innovation through their knowledge, skills and abilities; while employers are the driving force, they provide the employees with the required environment and resources to innovate. In Kenya, the main hindrance towards the development of new inventions is the lack of awareness of laws and legal rights of the employees and employers related to ownership of intellectual property of the invention. Due to this gap, innovators are exploited, this demotivates them from actualising their creative potential, for fear that the organization or employer will take all the credit. In a recent South African case of Vodacom (Pty) Ltd v Makate and Another (401/2022) [2024] ZASCA the Supreme Court ordered Vodacom to compensate Mr. Makate in billions for the ‘please call me’ idea he invented when he was an employee at Vodacom, although the idea was wholly operationalised by Vodacom. Such lawsuits against employers and organizations can be prevented by implementing the rights granted to each party under the law. This Article will discuss how the law creates a balance between the rights of the employer and the innovator employee to ensure both benefit from the innovation. Innovations are governed by the Industrial Property Act, 2001 (IPA). The general rule under […]
Introduction The Constitution of Kenya, 2010 guarantees the right to property (real estate) under Article 40. This fundamental right is […]
Family Trusts Family Trusts are legally recognized in Kenya effective 2021, when the Trustees (Perpetual Succession) (Amendment) Act (“the Amendment […]
Introduction Before we delve into the deep contents of intellectual property and its expiration aspects, it is crucial to first […]
Kenyan Jurisprudence in regards to land rights and passing on of proprietary interests has been rapidly growing. In 2023 alone, […]
Findings of the odpc in complaint no1394/ 2023; the suo moto investigation on the operations of the worldcoin project in […]
The Finance Act 2023 introduced a tax amnesty program for interest and penalties on tax debt by inserting section 37E […]
Summary Of The Final Determination Of The Odpc In Complaint No. 0586 Of 2019: Harrison Kisaka Vs Faulu Microfinance Bank […]
Summary of the final determination of the odpc in complaint no. 1212 of 2023: pauline muhanda t/a mudeshi muhanda and […]
Summary of the supreme court of kenya judgement in petition no 2 of 2022 mak v rmaa Background The Appellant and 1st Respondent […]
Summary of the supreme court of kenya judgement in petition no 5 of 2022: torino enterprises limited vs hon. Attorney […]
In a significant development in the Kenyan privacy space, the Office of the Data Protection Commissioner (ODPC) has recently handed […]
Date: August 24th, 2023 The Competition Authority of Kenya (CAK) has made a significant move to curb anti-competitive practices in […]
summary of the supreme court of Kenya judgement in petition no. 5 of 2021; Haki na Sheria Initiative v Inspector General of […]
Summary of the supreme court of kenya judgement in petition no.8 of 2020:the law society of kenya vs the communication […]
summary of the supreme court of Kenya judgement in petition no.8 (e010) of 2021: Dina management ltd vs the county […]
The right to privacy in Kenya is provided for in Article 31 of the Constitution of Kenya, 2010. It grants […]
Kenya’s Special Economic Zones (“SEZ”) program established under the Special Economic Zones Act 2015 (the “SEZ Act”) is now fully […]
Introduction The Sectional Properties Act No. 21 of 2020 is an Act of parliament that was crafted with the aim […]
Summary of the Supreme Court of Kenya Judgement in Petition No 16 of 2019: The NGO Coordination Board v Eric […]
Summary of the Supreme Court of Kenya Judgement in Petition No 9 of 2021 Between Mary Nyambura Kangara and Paul […]
Summary of the Supreme Court of Kenya Judgement in Petition No 16 of 2019: The NGO Coordination Board v Eric […]
Summary of the Supreme Court of Kenya Judgement in Petition No 9 of 2021 Between Mary Nyambura Kangara and Paul […]
Introduction With the rise in divorce cases and separation, child custody has been an ongoing issue due misunderstandings between parents. […]
Introduction Presently, divorce has become a common word in society. People are no longer shocked by the thought of it […]
Small claims courts in Kenya and how they work. Introduction The objective of this article is to enable the reader […]
Types of Business Entities in Kenya and applicable taxes. TYP OF BUSINESS REQUIREMENTS TIMELINE FOR REGISTRATION AND GENERAL COMMENT APPLICABLE […]
Many of us ask ourselves this question especially lately when we keep seeing it on the media. Crime is on […]
President (Dr) William Ruto recently revealed his Government’s plan to develop Kenya’s water markets as part of the measures to […]
Land related issues remain one of the main risks in the implementation of infrastructure projects in Kenya. Most of […]
The Central Bank of Kenya (“CBK”) now has powers to regulate the digital lending business granted through amendments to the […]
The amendments to the Central Bank of Kenya Act (Chapter 491 of the Laws of Kenya) (the “Act”) to give […]
To promote democracy during and after party primaries, political parties in Kenya must have internal dispute resolution mechanisms in compliance […]
Political Parties Must Allow Democracy to Blossom Through Transparent Party Primaries. The role of political parties in elections cannot be […]
The Data Protection (Registration of Data Controllers and Data Processors) Regulations, 2021 were published by the Data Protection Commissioner in […]
On 7th December,2021 President Uhuru Kenyatta assented to the Central Bank of Kenya (Amendment) Bill, 2021. The amended Central Bank […]
The Land Control Act Cap 302restricts the ownerRestriction of Ownership of Land in Kenya by Foreigners Declared Unconstitionalship by non-citizens […]
In the words of His Excellency President Uhuru Kenya, land is a critical enabler of all the pillars of the […]
PART 1: INTRODUCTION The Indian Ocean provides a great maritime space and sea-lanes that connects the great economies of the […]
The International Court of Justice (ICJ) rendered its judgment on the maritime dispute between Kenya and Somalia on 12th October, […]
From news exposés, to trending hashtags on social media, it is now common knowledge that medical malpractice is quite a […]
There is increased use by businesses, both foreign and local of registered office services by third party service providers. The […]
Of offshore investments There is a clamor by countries and various tax authorities to pick into the minds of tax […]
Introduction The principal purpose and objective of the Public Finance Management Act, 2012 is to ensure that public finances are […]
Introduction Retention of title is a stipulation on a contract of sale that the right of ownership of the goods […]
Introduction On 17th November 2021, the President signed into law the law of succession (Amendment) Bill, 2019 (Now the Law […]
Any premise, despite its purpose, is prone to fire. The Occupational Safety and Health Act 2007 of the Laws of […]
‘A click is a forever thing.’ These words have turned out to be somewhat accurate as photography has had a […]
SUMMARY OF PETITION NO. E005 OF 2021 The High Court of Kenya at Machakos on 20th September 2021 ruled that […]
Introduction Section 2 of the Employment Act, No. 11 of 2007 defines a probationary contract of employment as “one which is […]
In Kenya, marriages are governed by the Marriage Act (Act No.4 of 2014). The Act defines a marriage as the […]
SUCCESSION CLAUSE NO. 164 OF 201 The High Court of Kenya at Nakuru has ruled that having children together is […]
Introduction The Public Private Partnership (Amendment) Bill, 2021 (the “Bill”) is sponsored by Amos Kimunya, Leader of Majority Party. The […]
Before the Supreme Court was a Notice of Motion application dated 17th February 2021, by Kenya Hotel Properties Limited. The […]
The appeal in the Supreme Court arose from the Judgement of the Court of Appeal, which had upheld the decision […]
This is a decision on an appeal that arose from the judgment of the Court of Appeal (Visram, Karanja & […]
REVIEW OF THE PUBLIC PRIVATE PARTNERSHIP(AMENDMENT) BILL, 2021 Introduction The Public Private Partnership (Amendment) Bill, 2021 (the “Bill”) is sponsored […]
REVISITING PETITION CAUSE NO.406OF 2020: DOES EVIDENCE PROCURED BY A PRIVATE INVESTIGATOR FROM SECRETLY INSTALLED CCTV CAMERAS AND VOICE RECORDERS […]
The enforcement of a foreign judgement in Kenya is subject to The Foreign Judgements (Reciprocal Enforcement) Act (Cap 43 of […]
Introduction The Summer Olympic Games that were held in Tokyo, Japan from 23rd July 2021 to 8th August 2021 came […]
Introduction The purpose of this article is to enable the reader understand the principle of best interest of a child, […]
Introduction The purpose of this article is to enable the reader to understand child guardianship, applicable laws as well as […]
Child custody and parental responsibility considerations often arises where parties are not married, after a divorce or the death of […]
Divorce is the legal separation of a man and a wife by the judgement of a court.[i] After divorce, matrimonial […]
Introduction Kenya recently had the honour of hosting the WRC Safari Rally 2021. This even among other sporting events have […]
Introduction Non-Kenyan citizens often give mixed reactions when asked about their experiences of moving into the country. One thing for […]
Introduction Marriage is defined as the voluntary union of a man and a woman whether in a monogamous or polygamous […]
There have been enough complaints concerning loan apps in Kenya, due to the lack of regulation of the sector. Thankfully, […]
The Ministry of Lands and Physical Planning in a public notice dated 7th May 2021 announced that the Sectional Properties […]
Equity participation refers to the ownership of shares in a company. There has been changes in the Kenyan equity participation […]
This is a continuation of What you need to know about Mergers & Acquisitions Introduction A merger is defined as […]
In news making headlines in the recent past, a doctor in Nairobi committed suicide. This caught the eye of many, […]
In the course of carrying out normal business by companies, stakeholders sometimes develop an interest or need to join forces […]
Many of us get excited when we have finally managed to save up money and have identified a piece of […]
Introduction Once you have made up your mind to own a home, your Advocate will conduct due diligence and get […]
Introduction Decision making is an important part of our lives. It is through making decisions that we express our individuality […]
Introduction The Constitution of Kenya, 2010 provides for the right to accessible and adequate housing under Article 43(1) (b), which […]
A Limited Liability Partnership (LLP) is a legal entity formed and registered by two or more persons for the purpose of doing business. Upon registration, the LLP becomes a body corporate with perpetual succession, and with a legal personality separate from its partners.
The Employment (Amendment) Act, 2021 (the “Amendment Act”), which takes effect on 15th April 2021 amends the Employment Act, 2007 […]
The High Court of Kenya has suspended the implementation of Section 12D of the Income Tax Act, Chapter 470 the […]
For a long time, the Kenya’s judiciary has been criticized for delaying cases and the slow justice dispensation process. Many […]
Each industry has its hub where everyone would love to have their company or business associated with. In the tech […]
Digitization has been a big deal in Kenya, and indeed, in the world, in the last decade. Most governments are […]
Assuming that a business’ financial year starts in January, the first tax quarter for payment of taxes from business income […]
The COVID 19 pandemic continues to provide a challenging business environment globally. In a bid to cushion businesses from the […]
The following are the requirements for deregistration of a private limited company: ecitizen log in details of one of the […]
Introduction Pursuant to the Companies Act, 2015 as amended by the Statute Law (Miscellaneous Amendment) Act, 2019, read together with […]
Before the Covid-19 pandemic, few employers allowed or even considered allowing working from home arrangements in Kenya. Covid-19 forced many […]
The Cabinet Secretary for National Treasury and Planning of Kenya in August 2020 released the draft Income Tax (Digital Service […]
The Kenya Citizenship and Immigration (Amendment) Bill, 2020 (the “Bill”) is sponsored by Murang’a senator Irungu Kang’ata. The Bill was […]
On 7th August 2020, the Cabinet Secretary for Information, Communications, Technology, Innovation and Youth Affairs issued the National ICT Policy […]
The Public Finance Management (Amendment) (No.2) Bill, 2020 (the Bill) was published on 9th July 2020 and is expected to […]
With the literal mushrooming of mobile loan apps in Kenya, was it any surprise when Google announced that it would not allow loan apps with certain terms and conditions to operate on its system
The process of applying for a passport in Kenya before 2017 was a hectic process to many people due to […]
Tax is one of those things we always complain about but still have to do (I wish there was a […]
HOW DO I TRANSFER LAND IN KENYA? Conduct a search. A search is a document from the Land Registry showing the details […]
The general rule is that foreigners cannot buy agricultural land in Kenya. Under Article 65 of the Constitution, non-citizens can […]
In the Constitutional Petition No. 190 of 2018, Car Importers Association of Kenya sued The Kenya Revenue Authority and two […]
What Are the Intellectual Property Laws of Photography in Kenya? You may have heard about the dispute of copyright ownership […]
Have you thought of starting an eye service hospital in Kenya and you are wondering of the requirements to actualize your […]
Starting a business in Kenya may sound like a simple thing to venture into. However, it is not just about […]
On 28th June 2019, the Environment and Land Court at Nairobi made it clear that before one transacts in any piece of land, he or she has as part of due diligence to conduct a historical search of the land in question to ascertain if there are overriding interests affecting that land.
In the context of child custody cases, focusing on the child’s best interests in Kenya is the ultimate goal that all entities should strive achieve
All relationships have the capacity to end: friends, spouses, children, you name it, anyone can turn their back on you. You may think that when it gets to that point, you would just remove the troublesome shareholder and life would move on.
The job of a criminal defense lawyer is to select the best criminal defense tactics after reviewing a case’s facts and circumstances.
According to the law, a casual worker that has worked at the same place of employment for more than 90 continuous days is deemed a permanent employee.
It is a bit hectic to actualize your dream of starting an NGO without basic knowledge on how to go […]
Have you thought of how to start a Not-for-profit organization in Kenya? This article might be helpful to you. First […]
In the 2019/20 budget read on 13th June 2019, the Treasury Cabinet Secretary announced an increase in capital tax by […]
The ever-increasing rise of money-lending apps, coupled with the hard economic times, and the craftiness of the human mind, leaves […]
Many people in Kenya have fallen prey to unscrupulous property dealers posing as property owners or brokers during the Process of Buying Property.
Let’s face it: entrepreneurship is not for everyone. After trying your hand at running a business entity and it doesn’t […]
Intellectual property refers to creations of the mind: inventions; literary and artistic works; and symbols, names and images used in […]
Every foreigner wishing to adopt a child should be sponsored by social or child welfare agency recognized by the Government […]
Taking in a new member into your family may sometimes prove to be a hard task. Apart from being overwhelmed […]
To conduct any business within the jurisdiction of the Nairobi County and other counties across the Country, you require a […]
The world celebrated the World Intellectual Property Day on 26th April, with this year’s theme being ‘Reach for Gold: Intellectual […]
Information on how foreigners in Kenya can start and run businesses is sparse and ambiguous, to say the least. Most […]
It is not in doubt that formal employment is becoming less and less popular, not only because of its unavailability, […]
Accepting Statements The expert witness of a case may need to refute certain statements that another witness or the lawyer […]
A service agreement and letter of intent often possess similar clauses and details. However, the service agreement generally explains what […]
The Initial Meeting When the affected person first meets with a lawyer, he or she usually must explain the defamation […]