Blog

REVIEW OF THE PUBLIC FINANCE MANAGEMENT (AMENDMENT) (NO.2) BILL, 2020

The Public Finance Management (Amendment) (No.2) Bill, 2020 (the Bill) was published on 9th July 2020 and is expected to be presented for discussion by Parliament. The objective of the Bill is to amend the Public Finance Management Act, 2012 to enable the Cabinet Secretary to provide guarantees for loans advanced to micro, small and medium enterprises. The Bill is…

Read More icon

The Central Bank of Kenya (Amendment) Act, 2021 Passed into Law

On 7th December,2021 President Uhuru Kenyatta assented to the Central Bank of Kenya (Amendment) Bill, 2021. The amended Central Bank Act, 2021, gives the Central Bank of Kenya powers to license digital lenders in the country as well as ensure the existence of fair and non-discriminatory practices in the credit market. The Act mandates CBK to publish the regulations to…

Read More icon

RESTRICTION OF OWNERSHIP OF LAND IN KENYA BY FOREIGNERS DECLARED UNCONSTITIONAL

The Land Control Act Cap 302restricts the ownership by non-citizens of agricultural land or land within land control areas. This land, in general terms, is land that is situated outside a municipality, a township, or a market or land that the Minister of Lands designates as being controlled and subject to the protections in the act. The Act in Section…

Read More icon

DIGITIZATION OF LAND RECORDS IN KENYA

In the words of His Excellency President Uhuru Kenya, land is a critical enabler of all the pillars of the Big Four development agenda namely; universal healthcare, affordable housing, food security and manufacturing. The Ministry of Lands and Physical Planning formulated the Land Registration (Electronic Transactions) Regulations, 2020 vide a legal Notice 101 of June 2019. This was to provide…

Read More icon

THE GEOPOLITICS OF THE INDIAN OCEAN TRADE: A CRITICAL ANALSYIS OF KENYA’S ENTRY INTO THE BLUE ECONOMY

PART 1: INTRODUCTION The Indian Ocean provides a great maritime space and sea-lanes that connects the great economies of the West and East. The Indian Ocean is the third largest sea in the world, linking East, South, South East and West Asia, as well as linking Africa and Europe. It is the waterway that makes the Asian trading systems possible.…

Read More icon

MARITIME DELIMITATION IN THE INDIAN OCEAN

MARITIME DELIMITATION IN THE INDIAN OCEAN The International Court of Justice (ICJ) rendered its judgment on the maritime dispute between Kenya and Somalia on 12th October, 2021. In this dispute, Somalia accused Kenya of adjusting the equidistance line in the maritime area to favor itself. In making these allegations, the country relied on the geodetic line, with an initial azimuth…

Read More icon

MEDICAL NEGLIGENCE IN KENYA: RETHINKING CIVIL SUIT NO. 34 0F 2015.

MEDICAL NEGLIGENCE IN KENYA From news exposés, to trending hashtags on social media, it is now common knowledge that medical malpractice is quite a recurrent menace in Kenya. For example, on the 2nd of March, 2018, The Standard Newspaper ran a heartbreaking story with the screaming headline, “KNH on the spot after brain surgery is performed on wrong patient.” Alex…

Read More icon

REGISTERED OFFICE SERVICES

REGISTERED OFFICE SERVICES IN NAIROBI AND MOMBASA There is increased use by businesses, both foreign and local of registered office services by third party service providers. The sought after registered office addresses in Kenya are in Mombasa and Nairobi. Registered office address services allow a business, during company registration and thereafter provide a local office and postal address. A Mombasa…

Read More icon

Substance Over Form

Of offshore investments There is a clamor by countries and various tax authorities to pick into the minds of tax planners’ imaginations. They are looking for “substance.” Recent leaks, the Pandora Papers, the Panama Papers, etc have shown that businesses and individuals continue to rely on “offshore” or “non-resident” structures to reduce or defer taxes to improve returns for investors.…

Read More icon

REVIEW OF THE PUBLIC FINANCE MANAGEMENT ACT, 2021

Introduction The principal purpose and objective of the Public Finance Management Act, 2012 is to ensure that public finances are managed at both the national and the county levels of government in accordance with the principles set out in the Constitution which in turn facilitate effective and efficient use of limited resources; to ensure the public officers who are given…

Read More icon

RETENTION OF TITLE ACCORDING TO THE KENYAN LAW

  Introduction Retention of title is a stipulation on a contract of sale that the right of ownership of the goods shall not pass to the buyer until the buyer has paid the seller in full or has discharged all liabilities owing to the seller. At its simplest, a retention of title clause is a provision in a contract which…

Read More icon
1 2 3 10