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REQUIREMENTS FOR LICENCING DIGITAL CREDIT BUSINESSES

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...

LITIGATION OR ARBITRATION IN EMPLOYMENT CASES? AVENUES OF DISPUTE RESOLUTION

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...

INCORPORATION OF REAL ESTATE COMPANIES IN KENYA

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...

REGISTRATION OF FOREIGN COMPANIES IN KENYA

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...

CRIMINAL LAW PRACTICE; A MONEY MINT

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 Adoption is the complete severance of the legal relationship between a child and his/her biological parent(s) and birth family, and the establishment of a new legal relationship between the child and his or her adoptive parent(s). When a child is legally adopted the adopter or adopters become the child’s parent(s). Legal adoptions permanently transfer...

CRIMINAL LAW AND SENTENCING GUIDELINES

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...

THE RIGHT OF WORSHIP IN THE EMPLOYMENT SECTOR

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...

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