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Kenya’s Carbon Markets (Trading) Regulations 2025 are here. Maybe you know what carbon trading is. Or maybe it just sounds like another complicated scheme cooked up in el…

When you think of Kenya, what comes to mind? Safaris? The Rift Valley? World-class runners? Now add one more, the “Blue Economy.” 

With approximately 600 kilometers of t…

Barely one year after the commencement of the Public Benefit Organisation Act (the Act), the Constitutional court has declared several provisions of the Act unconstitutional. The Petition was brou…

Kenya has become a popular destination for many foreigners seeking to live and work in a vibrant and welcoming environment. However, to legally reside in Kenya, foreigners must hold valid immigrat…

Kenya has ushered in a new era of gambling regulation through the enactment of The Gambling Control Act, 2025 (“the Act”). The Act repeals the long-standing Betting, Lotteries and Gami…

Land remains one of the most contested assets in Kenya, often entangling families, companies, and investors in lengthy disputes. This reality was brought home on 15th August, 2025, when a Gazette …

The core issue in this case was the determination of the correct commencement date for the 60-day period within which the Commissioner is required to make an objection decision. The Respondent, Ac…

Riparian land refers to the land adjacent to or alongside a river, stream, lake, ocean or any other natural water body. In Kenya it constitutes land which is within a certain distance from the hig…

A standstill agreement is a contractual arrangement between parties in a dispute or financial distress that temporarily halts enforcement actions, litigation, or running of limitation periods. Its…

Family trusts in Kenya have become a crucial tool in estate and succession planning. Some of the advantages that family trusts offer include:

For years, foreign companies looking to sue in Kenya have lived with a nagging fear. Thanks to rulings like Stichting Rabo Bank Foundation v Ava Chem [2024] and Root Capital Incorporated [2016], t…

The dispute involved four long-serving employees who left employment under a Voluntary Early Retirement Scheme (VERS) in 2019. They later challenged the computation of their exit packages, claimin…

In Kenya, the registration of a trademark confers upon the proprietor the exclusive right to use the mark in connection with the specific goods or services for which it is registered.

Kenya Court of Appeal Reaffirms Its Residual Jurisdiction to Reopen Final Judgments in Exceptional Cases. In a significant decision delivered on 9 June 2023, the Court of Appeal of Kenya in Mwambe…

In a landmark judgment Metropolis Star Lab Kenya Ltd v Kioko & another (Civil Appeal E1140 of 2024) [2025] KEHC 8211 (KLR) (Civ) (12 June 2025) (Judgment), the High Court of Kenya has reaffirm…

Precedent-Setting Judgment in Opticom Kenya Limited v. Kenya Hospital Association t/a The Nairobi Hospital on the Interaction Between Insolvency Law and Arbitration Agreements-Milimani Commercial …

For the increasing number of Kenyans living and working abroad, maintaining strong ties with home often includes investing in land, real estate, businesses, or supporting loved ones. However, mana…

In a landmark decision with wide implications for creditors, debtors, and insolvency practitioners, the Court of Appeal has held that insolvency proceedings must not be used as a tool to collect d…

The Persons with Disabilities Act, 2025 ("the PWD Act") came into force on 27th May 2025, ushering in a new era of protections for persons with disabilities (PWDs) in Kenya. This legisla…

The doctrine of adverse possession, being a common law doctrine, has been the subject of numerous decisions including the most recently delivered judgement by the Court of Appeal in the matter of …

Regulatory compliance stands in as an important factor determining the success and sustainability of ventures in sectional property development in Kenya. The range of policies and statutory regula…

On 11 April 2025, the Supreme Court of Kenya delivered a precedent-setting decision in Sehmi & Another v Tarabana Company Ltd & 5 Others, resolving complex legal issues at the intersection…

Governments across the world frequently appeal to national security, emergencies, or “special circumstances” when seeking to bypass established procedural laws, particularly those that…

On 30th June 2025, the Supreme Court of Kenya issued a watershed judgment in SC Petition No. E035 of 2023 – Fatuma Athman Abud Faraj vs Ruth Faith Mwawasi & 2 Others, unequivocally affir…

Kenya continues to establish itself as a continental leader in digital finance and mobile payments. With innovations such as M-PESA, mobile banking, and e-commerce reshaping how people transact, t…

In 2007, a woman entered a hospital expecting a standard hysterectomy. Instead, she emerged from surgery with her cervix removed without informed consent, suffered post-operative neglect, and face…

The Appellant, the Receiver Manager of Mumias Sugar Company Limited, was appointed on 20th September 2019 to oversee the affairs of the company, which had accumulated tax obligations including VAT…

The Kenya Information and Communications (Registration of Telecommunications Service Subscribers) Regulations, 2025 (“the Regulations”), published through Legal Notice No. 90 of 2025, …

This case centered on Section 15(7)(a) and (b) of the Income Tax Act, which requires income from specified sources such as rent, employment, or agriculture to be computed separately. Losses from o…

On 24th June 2025, the Competition Authority of Kenya (CAK) issued a public notice addressing the increasing prevalence of exclusive agreements between property developers, residential estate mana…

The Cabinet Secretary for Interior and National Administration has published the Draft Public Benefit Organizations Regulations, 2025 (the “Regulations”) pursuant to the Public Benefit…

For every ambitious entrepreneur in Kenya, whether a local or a foreign resident, a KRA PIN is far more than just a number. It's the absolute foundation for running a legal, growing, and trust…

The price of non-compliance just got higher. In a landmark decision following a growing trend in Kenyan jurisprudence, the High Court has upheld the legal principle that only duly registered forei…

In a significant policy shift aimed at addressing years of land-related challenges, the Mombasa County Government, under the leadership of the Governor, Hon. Abdulswamad Nassir, established the Mo…

Some former Kenyan nationals have not been able to regain their Kenyan citizenship because the countries where they domicile prohibit dual citizenship. In such cases, these individuals are compell…

Indefeasibility of title is a cornerstone principle in Kenya’s land law framework. It assures that once a land title is legally and properly registered, it becomes conclusive evidence of own…

The growth of global mobility and cross-border trade has increased the need for reliable and efficient channels for sending and receiving money. In Kenya, Money Remittance Providers (MRPs) play a …

A guarantee is a binding promise from one person (the guarantor), to be answerable for the debt or obligations of another (the debtor or borrower), if that other person defaults. The creditors to …

Disputes, while not unusual in any business setting, can have profound and often destructive consequences when they arise within a family-owned business (FOB). These disputes are particularly vola…

Imagine a local construction company is awarded a government contract for road construction. To execute the project, it forms a subsidiary company which handles procurement and subcontracting. Ove…

Permanent residency in Kenya is a legal immigration status granted under section 37 of the Kenya Citizenship and Immigration Act, 2011, read together with section 19 of the Kenya Citizenship and I…

The doctrine of legitimate expectation, rooted in administrative law, requires that public authorities act in a lawful, reasonable, and procedurally fair manner when making administrative decision…

Tax compliance is a fundamental aspect of running a business in Kenya. Proper record-keeping and bookkeeping procedures are essential not only for fulfilling tax obligations but also for defending…

Generally, Kenya is a country that values family unit and for expatriates, foreign investors, diplomats and any other category of a foreign national who is in possession of valid residence status …

Multinational corporations often grapple with the decision whether to establish branches or subsidiaries when expanding their businesses to foreign jurisdictions.

Probationary contracts are a common feature in employment relationships, especially during the initial phase of engagement. Probationary periods allow employers to assess a new employee’s su…

Family-Owned Businesses (FOBs) form a significant part of the economy’s backbone and contribute substantially to the GDP. Most big businesses today started off as family-owned businesses, an…

In recognition of the role the financial sector plays in meeting the Nationally Defined Contributions (NDCs) submitted to the United Nations Framework Convention on Climate Change (UNFCC), the Cen…

The Digital Credit Providers ("DCP") regulation, now referred to as Non-Deposit Taking Credit Businesses ("NDTB") regulation following the Business Laws (Amendment) Act, 2024, …

Family trusts have become an increasingly popular tool in estate planning, especially in Kenya. A family trust allows the settlor (the person creating the trust) to transfer property (both movable…

The utilisation of overpaid tax or tax credit to offset any outstanding tax liability constitutes a refund of the overpaid tax. To do so, the procedure outlined under Section 47 of the Tax Procedu…

The Court declares Legal Notice No. 112 of June 2019 Unconstitutional, ruling that the stamp duty exemption granted for the CBA–NIC merger failed to meet the public interest test. In a stron…

Section 51 (3) of the Tax Procedures Act (TPA) provides that: - A Notice of Objection shall be treated as validly lodged by a taxpayer under subsection (2) if—

A major step toward regulating virtual assets and service providers in Kenya was taken on March 17, 2025, when the Government of Kenya published the Virtual Asset Service Providers (VASPs) Bill, 2…

Curious about the CAK's criteria for approving mergers and acquisitions in Kenya? Explore the 6 key factors for merger approval and avoid costly fines!

Explore the types of FIDIC contracts, how they are applied in Kenya, and whether these contracts are enforceable, and their legal effect in Kenyan law.

Trademark infringement is not just a legal technicality, it is a real world threat to business integrity Explore 4 steps to safeguard your trademark in Kenya

In our previous article on Kenyan Residency Status for Elderly Parents we explored the process of obtaining a Kenya Dependant’s Pass (KDP) for elderly parents, with a primary focus on biolog…

Intellectual Property is the cornerstone of innovation and creativity yet many Kenyan creators, entrepreneurs and businesses overlook its value until infringement strikes.

The fintech sector in Kenya has been shaped immensely by mobile money, particularly M-Pesa. Explore 5 steps of how to set up a fintech in Kenya today!

Where a beneficiary sells inherited property to an independent third party, the gain on the sale will be calculated as the transfer value (sale price) less the acquisition cost.

Financial independence is a key driver of economic empowerment, yet many women in Kenya face major hurdles when trying to access loans. One of the biggest obstacles is land ownership—or rath…

A Company Voluntary arrangement (hereinafter “CVA”) is a rescue option available to insolvent companies. It is provided for in the Insolvency Act, 2015 (Part ix) and is considered one …

This case was initiated after the appellant and the 5th respondent forcibly entered the property and took possession of furniture and goods while it was occupied by Abduls’ caretaker on the …

Every March, we celebrate International Women’s Month—a time to honour the strength, resilience, and achievements of women in all aspects of life

Importing ICT products into Kenya: Learn about the new CAK licensing requirement and how it affects you—stay compliant and avoid penalties!

In today’s fast-paced digital world, mobile applications (“mobile apps”) are the heartbeat of Kenya’s booming digital economy. From M-Pesa revolutionizing mobile money to J…

In recent legal developments, the Court of Appeal in Nakuru, Kenya, in the case of BM Security Limited v Joseph Macharia and one other [2025] has clarified the boundaries of employer liability con…

Non-Deposit Taking Credit Providers (NDTCPs) in Kenya are subject to various reporting obligations as mandated by the Central Bank of Kenya (CBK). Compliance with these reporting requirements ensu…

The Privileges and Immunities Act CAP 179 of Kenya’s Laws provides for exemption from taxes to certain organizations or persons. Section 18 (b) Article V of the Convention on the Privileges …

Explore the registration of mergers in Kenya, covering definition, occurrence criteria, CAK involvement, implementation steps, and sector-specific compliance.

Tax compliance is a fundamental aspect of running a business in Kenya. Proper record-keeping and bookkeeping procedures are essential not only for fulfilling tax obligations but also for defending…

Non-compliance comes at a steep price. As discussed in our previous article link, all non-deposit-taking credit providers are now required to obtain a license from the Central Bank of Kenya.

A scenario unfolds where a borrower seeks a loan from a financial institution, offering a property as security. To assess the adequacy of the security, the financial institution hires a valuer to …

Kenya is quickly emerging as a hub for innovation in Africa, from Nairobi’s “Silicon Savannah” brimming with ground-breaking tech startups to innovative agricultural solutions re…

Casual employment plays a crucial role in Kenya’s labour market, providing businesses with a flexible workforce while offering job opportunities to many workers. However, hiring casual worke…

The lower court delivered a ruling striking out suit Mombasa CMELRC No. E592 of 2022 on grounds that it was res judicata. The appellant was aggrieved with its decision and hence appealed to the Hi…

Tax Laws Are Dynamic. What Happens When a Previously Exempt Good or Service Becomes Zero-Rated? Can the Law Apply Retrospectively to Allow Taxpayers to Deduct Input VAT Incurred on Supplies Made B…

The Government of Kenya through the Ag. Cabinet Secretary for the Ministry of Interior and National Administration has recently published Legal Notice No. 198 (Kenya Gazzette Supplement No. 255) a…

Recent judicial pronouncements in Kenya demonstrate a growing emphasis on Alternative Dispute Resolution (ADR) mechanisms, particularly mediation, in resolving family disputes. This shift reflects…

The Tax Appeals Tribunal was recently confronted with the question of whether the sale of seized motor vehicles through auction by KCB Bank to recover bad debts is subject to VAT.

Tax disputes are inherently complex, but one crucial element remains indisputable: the importance of adhering to statutory timelines. This truth was powerfully underscored in the case of ...

Stamp duty exemptions are not automatic. The applicant should make an application to the collector of stamp duty supported by a statutory... Learn more.

Learn about the evolution of credit in Kenya and the effects of the 2024 Business Laws Amendment Act on non-deposit-taking credit providers and borrowers alike.

Business Laws (Amendment) Act, 2024- Goods sold within an SEZ are not deemed to have entered the customs territory and therefore, enjoy the benefits and exemptions conferred under the SEZ Act.

In today’s digital age, protecting intellectual property rights, particularly copyrights, is crucial for creators across various fields. Whether you are an artist, writer, musician or softwa…

In December 2015, the Central Bank of Kenya (CBK) issued a public notice cautioning the public about virtual currencies such as Bitcoin. The caution was mainly due to the decentralized nature of v…

On 23rd July, 2021, the Anti-Counterfeit (Recordation) Regulations, 2021 (“the Regulations”) came into effect implementing the Statute Law (Miscellaneous Amendments) Act, No. 18 of 201…

A mining visa/work permit often referred to as class A work permit is a permit typically granted to a foreigner intending to engage in partnership to prospect for minerals or mining in Kenya.

The Tax Procedures (Amendment) Act, 2024 has introduced a tax amnesty on interest, penalties or fines on tax debt for periods up to 31st December, 2023.

Real Estate in Kenya has experienced a significant growth over the years, driven by urbanization and increased demand for both residential and commercial properties.

Environmental, Social, and Governance (ESG) entails a framework that helps stakeholders evaluate how a company handles risks and opportunities related to:

Highlights of the Carbon Markets Regulations, 2024

Kenya, like many developing countries, faces significant infrastructure development challenges, exacerbated by budgetary constraints and an increasing population requiring better and more extensiv…

As countries strive to meet their sustainability targets, including the Sustainable Development Goals (SDGS) and combat climate change, businesses are increasingly recognizing their integral role …

In July of 2019 the Plaintiff, a graffiti artist, was contracted by a tenant at 209 State House Road to paint murals at an office, restaurant and an additional space at the basketball court.

Corporations have the combined problem of protecting their intellectual property (IP) assets while remaining true to their primary purpose and values.

An Assignment Agreement is a legal contract that outlines the relationship between the original owner (the “assignor”) who transfers the ownership of their IP to a new owner (the &ldqu…

Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.