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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...

INTRODUCTION Registration of foreign companies in Kenya is spelt out in the Companies Act, No. 17 of 2015 . Provisions of the law have been clearly spelt out to give appropriate steps on how foreign companies can operate in Kenya. APPLICABLE LEGAL PROVISIONS Incorporation of branches of foreign companies is outlined in the provisions of...

INTRODUCTION Criminal law practice in Kenya has been shunned greatly whenever it comes to rewarding legal fees. Criminal law is one of the most interesting areas of practice. The system is not rigorous and you learn a lot. Criminal law is a wide area of law that requires technique and strategy. The Penal Code Cap...

INTRODUCTION In criminal litigation, the courts are guided by the time spent by accused persons in custody during trial. This is in line with section 333(2) of the Criminal Procedure Code that prevents an accused person form serving a more severe sentence that he/she was to serve. Failure to adhere to the same, an accused...

INTRODUCTION Revocation of grant in the courts of law is not a new phenomenon. Revocation of grant is guided by section 76 of the Law of Succession Act Cap 160 Laws of Kenya. In this article, we shall discuss the case of Musine v Osamo (Sued as co-administrator of the Estate of Stephen Osamo (Deceased)...

INTRODUCTION This is an interesting case of Scoline Anyango Ojung’a versus Healthlink Matcare Limited t/a Nairobi Women Hospital. Scoline’s services were terminated on 05/04/2018 by Nairobi Women Hospital. She was working as an Internal Auditor. At the time of her exit, the Claimant was serving in the position of Hospital Manager at the Respondent’s Hurlingham...

INTRODUCTION In the Constitutional Petition E020 of 2021) [2022] KEELC 2524 (KLR) Musa & another (Suing on their own behalf and on behalf of two hundred and two affected residents of Shaurimoyo, Swahili Village and Bondeni Informal Settlements of Muhoroni Sub-county in Kisumu County) v Kenya Railways Corporation & 2 others it was held that the residents of...

INTRODUCTION In the case of Momentum Credit Limited v Kabuiya (Civil Appeal E035 of 2022) [2022] KEHC 13705 (KLR), the court held that the in duplum rule does not apply to microfinance institutions operating under Microfinance Act. BRIEF FACTS Momentum Credit Limited advanced Kabuiya a loan facility of Kshs. 1,300,000/= on November 11, 2020, on...