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Legal News

CM Advocates > Legal News (Page 9)

Further Extension of The Deadline for Migration to New Generation E-Passports

Further to our alert on 20th of January 2021, the Government of Kenya through the Ministry of Interior & Co-ordination of National Government has further extended the deadline for the replacement of the old passports with the new generation e-passports from the initial set deadline of 31st December 2021 to November 2022....

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New Legal Regime on Registration of Family Trusts in Kenya

The Trustee (Perpetual Succession) (Amendment) Act, 2021 (the “Amendment Act), which was signed into law on 23rd December, 2021 has made some amendments to the Trustees (Perpetual Succession) Act (Chapter 164 of the Laws of Kenya) (the Act”) in relation to registration of non-charitable trust and family trust in Kenya. ...

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Transition from the Old Generation Passports to the New Generation E-Passports in Kenya

The decision to migrate from the old passport to the new e-passport was first made public in April 2015 and the launch was scheduled to be in December 2016. This was pursuant to an agreement between the East African Community (EAC) member states through a directive of the Heads of States’ Summit....

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Financial distress not a sufficient reason for grant of an Administration Order; an exposition of Section 531 of the Insolvency Act, 2015

The Insolvency Act, 2015 (hereinafter referred to as “the Act) introduced the option of placement of a company under administration as opposed to the making of a liquidation order as soon as a company presents signs of insolvency....

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PRE-INSOLVENCY MORATORIUM The Stopgap Solution for Financially Distressed Companies

The existence of any business depends on how best it is managed, and the strategies put in place to ensure its eternity. To stay in business and possibly grow, companies take credit which in some instances remain unpaid when a company is facing financial challenges....

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Termination of Employees on account of Redundancy

The Employment Act defines Redundancy as “the loss of employment, occupation, job or career by involuntary means through no fault of an employee, involving termination of employment at the initiative of the employer, where the services of an employee are superfluous and the practices commonly known as abolition of office, job or occupation and loss of employment.”...

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The Immigration Status in Kenya of a Foreign Dependant Widow/Widower upon the Demise of their Spouse

The Citizenship and Immigration Act, 2011 laws of Kenya (the “Act”) defines a dependant as a person who by reason of age, disability or any status of incapacity is unable to maintain himself or herself adequately and relies on another person....

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