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Appellate Court Bars Misuse of Insolvency Laws in Disputed Debt Cases – A Win for Fair Process

Debt Recovery, Restructuring & Insolvency

Appellate Court Bars Misuse Of Insolvency Laws In Disputed Debt Cases – A Win For Fair Process

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 dispu...

Safeguarding Assets, Enforcing Rights: Combating Fraudulent Transfers Under Kenyan Law

Debt Recovery, Restructuring & Insolvency

Safeguarding Assets, Enforcing Rights: Combating Fraudulent Transfers Under Kenyan Law

Fraudulent transfers and asset manipulation are some of the most pervasive strategies used by debtors and rogue directors to defeat legitimate claims by creditors and shareholders....

Guarantor Liability in Commercial Lending: When can guarantors be released from their liability under contracts of guarantee?

Debt Recovery, Restructuring & Insolvency

Guarantor Liability In Commercial Lending: When Can Guarantors Be Released From Their Liability Under Contracts Of Guarantee?

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 whom...

Can a Parent Company Be Held Liable for the Acts of Its Subsidiaries and Vice Versa?

Debt Recovery, Restructuring & Insolvency

Can A Parent Company Be Held Liable For The Acts Of Its Subsidiaries And Vice Versa?

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. Over ti...

Credit Providers’ Recovery Options for Loans Advanced in Non-Compliance With Section 33S of the CBK Act: A Possible Way Forward

Debt Recovery, Restructuring & Insolvency

Credit Providers’ Recovery Options For Loans Advanced In Non-compliance With Section 33s Of The Cbk Act: A Possible Way Forward

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

Insolvency of a developer and/or property owner; can a claim for unjust enrichment be sustained against a Lender by the contractor?

Debt Recovery, Restructuring & Insolvency

Insolvency Of A Developer And/or Property Owner; Can A Claim For Unjust Enrichment Be Sustained Against A Lender By The Contractor?

In instances where a property owner and/or developer is faced with insolvency proceedings, the developer risks being left with no way of recovering funds expended in the construction project especiall...

Restrictions on the appointment of an Administrator by holders of floating charges- where there are competing security rights, who has priority?

Debt Recovery, Restructuring & Insolvency

Restrictions On The Appointment Of An Administrator By Holders Of Floating Charges- Where There Are Competing Security Rights, Who Has Priority?

A guarantee is an undertaking to answer for the payment of another’s debt or the performance of another’s duty, liability or obligation. ...

Enforcement of Guarantees; Is the Lender Obligated to Pursue the Principal Debtor first?

Debt Recovery, Restructuring & Insolvency

Enforcement Of Guarantees; Is The Lender Obligated To Pursue The Principal Debtor First?

A guarantee is an undertaking to answer for the payment of another’s debt or the performance of another’s duty, liability or obligation. ...

Member’s Voluntary Liquidation of Companies and Limited Liability Partnerships in Kenya.

Debt Recovery, Restructuring & Insolvency

Member’s Voluntary Liquidation Of Companies And Limited Liability Partnerships In Kenya.

Liquidation in simple language is simply closing down/ killing off or winding up a business. In legal speak, liquidation involves the process of collecting all the business’s property, converting th...


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