INTRODUCTION The Central Bank of Kenya Regulations,2022 doesn’t apply to institutions licensed under the Banking Act, the Microfinance Act, 2006, the Sacco Societies Act 2008, the Kenya Post Office Kenya Post Office Savings Bank Act, credit arrangements involving the provision of credit by a person that is merely incidental to the sale of goods...
INTRODUCTION A trust is a fiduciary relationship where a settlor (person setting up the trust) gives another party, known as the trustee, the right to hold title to property or assets for the benefit of a third party commonly referred to as beneficiaries. Following the enactment of the Statute Law (Miscellaneous Amendment) Act, 2024...
INTRODUCTION Mothers have a hard time when it comes to having a safe space to breastfeed their newborns especially in a public set up. This BREASTFEEDING MOTHERS BILL,2024 tabled before the National Assembly has proposed interesting provisions to ensure that a lactating mother is not discriminated at work or in public. August 1-August 7 marked...
INTRODUCTION Carbon markets have become increasingly popular globally. The aim of carbon markets to reduce carbon emission while trading attracting huge returns. Delta Airlines,Netflix,Nespresso, Air France-KLM,Apple and Kering are top companies buying carbon credits in Kenya. The Climate Change (Carbon Markets) Regulations,2024 have introduced provisions for one to qualify for implementation of carbon projects in...
INTRODUCTION In an interesting case of EMM v PMK ; Divorce Cause E023 of 2023 delivered on 15/05/2024. Facts are as follows: The petitioner contracted a marriage with the respondent in June 1987 as per Kamba Customary Law, within Machakos County in the Republic of Kenya. The parties lived as husband and wife at their...
INTRODUCTIONIn a recent case Okeyo v Board of Directors HHI Management Service Limited & another, a ruling was delivered on 6/05/24, the Honorable court rendered itself that arbitral clauses in employment contract was atypical and underlined the reality of the unequal bargaining power between the employer and the employee. Such clauses were imposed on employees...
INTRODUCTION The Public Benefits Organization Act,2013 came into operation on 9/05/2024 vide a gazette notice number 78. This act replaces the Non-Governmental Organizations Coordination Act,1990. Therefore all non-governmental organizations registered under the repealed Non-Governmental Organizations Coordination Act,1990 have to comply and be registered as Public Benefit Organizations (PBOs) within one year. The Public Benefits...
INTRODUCTION The Companies(Foreign Companies) Regulations,2024 introduces a few changes regarding the process registration of foreign companies in Kenya. This will be discussed below. A. Documents required during registration The documents needed during the application for registration include:- Notarized copy of the foreign company’s certificate of incorporation or registration Notarized copy of its constitution. Certified translation...
INTRODUCTIONIn this case Odhiambo v Attorney General & 2 others; Nyanchoga (Interested Party) (Petition E400 of 2021) [2024] KEHC 354 (KLR) ; The petitioner sought for:-A declaration that the definition of “victim” under section 2 of the Victim Protection Act was unconstitutional for not providing for the protection, rights and welfare of all victims of...
INTRODUCTION We shall discuss the law pertaining to incorporation of private companies, limited by shares under the Companies Act2015, which is the appropriate type of company for real estate activities and operations. APPLICABLE LEGAL PROVISIONS The process of incorporating a private company limited by shares is well outlined in sections 13, 14 and 16 of...
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