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In an era where digital transactions govern the financial landscape, digital lenders have emerged as pivotal players.

The taxation landscape in Kenya has seen significant changes as the government seeks to streamline revenue collection whilst also catering to the ever-changing needs of the economy.

With its strategic geographic location, Kenya acts as a gateway to the East and Central Africa, region making it an attractive destination for investors looking to tap into the vast African market…

In recent years, Kenya has witnessed a surge in the popularity of digital lending platforms.

Recently, there has been a notable increase in foreigners who choose to not only work and invest in Kenya but also make it their retirement home.

Effective 17th May 2024, the Climate Change (Carbon Markets) Regulations (the Regulations) usher in a significant step towardsthe implementation of carbon projects and participation in the carbon …

Recently, the Government published Legal Notice No. 78, which put the Public Benefit Organisation (PBO) Act into effect.

In the realm of the living, it may seem inconsequential to simply add a name to a child's birth certificate for a person with whom one is romantically involved or married to but is not the bio…

In the absence of any evidence to the contrary by a taxpayer, the Kenya Revenue Authority (KRA) is justified in using bank statements to determine taxable income.

The Government of Kenya has established various immigration controls and regulations to manage the presence of foreigners within its borders compellingly.

Effective business succession planning is critical for ensuring the continuity and long-term success of an organization. This particularly rings true for family businesses, where the transition of…

Kenya's landmark POM v MNK case ends presumption of marriage. What this means for cohabiting couples. Protect your rights—talk to a family law expert now!

In our previous article, (insert the link of the article) we discussed the intricacies of employing expatriate workers in Kenya, along with the corresponding duties and responsibilities placed on …

It has been a long and industrious day at work. All you need is to get home and enjoy your hard-earned rest. But Alas! The entertainment spot right next to your estate has opened its doors and the…

Pursuant to the provisions of the Kenya Citizenship and Immigration Act, any person who is not a citizen or an asylum seeker shall not be allowed to enter or remain in Kenya unless the person hold…

Stamp duty tax is levied at a rate of 4% on the transfer of land, houses and apartments in urban areas, which are within municipalities and 2% for areas outside municipalities.

Kenya is considering significant reforms to regulate hire purchase agreements and Buy Now, Pay Later (BNPL) models, enhancing consumer protection and transparency.

Recently, the Supreme Court affirmed that a very limited avenue is available to allow any appeals stemming from Article 35 of the Arbitration Act in its decision rendered on 12th April 2024 betwee…

On 24th April, 2024, the President assented into law The Statute Law (Miscellaneous Amendments) (No.2) Bill of 2023, effecting significant amendments to 16 Acts of Parliament, including the Truste…

With each passing day, more people are embracing estate planning, with great preference given to the preparation of a will. A will has been defined as a legal declaration by a person of their wish…

A Class D work permit (also known as Employment Permit is normally issued to foreign nationals who have been offered specific employment by a specific employer in Kenya.

The Government of the Republic of Kenya through the Cabinet Secretary for Interior and National Administration, on the 2nd of January 2024 published the Kenya Citizenship and Immigration (Amendmen…

We discussed what it takes to hire an expatriate worker in Kenya in our earlier article, in addition to that it is critical that employers comprehend their duties and obligations when hiring expat…

Your Last Will and Testament is a crucial legal document that outlines your wishes regarding the distribution of your assets and the care of your dependents after your passing.

While taxes are the other sure thing in life alongside death, they play a vital role in society.

We are living in a time when organizations are keen on hiring skilled professionals from abroad when seeking out employees whose specialized skills and experiences may not be readily available loc…

When it comes to obtaining permanent residence in Kenya, many questions are frequently asked. The purpose of this article is to answer a few of those questions.

The Government of Kenya through the Cabinet Secretary for the Ministry of Interior and National Administration has recently published a Special Issue of Kenya Gazette Vol /CXXV-No. 241 of 14th Nov…

Majid Al Futtaim Hypermarkets Limited, owner of the Carrefour retail supermarket chain, has been fined Kshs. 1.1 Billion by the Competition Authority of Kenya for abusing buyer power. The supermar…

Traditionally, the market has always viewed balance of bargaining power as tilted in favour of sellers as opposed to purchasers. This is because more often than not, the sellers are the ones who s…

Discover who qualifies for a Kenyan passport - from citizens by birth to those eligible through registration or marriage. Permanent resident holders, while enjoying various rights, are not conside…

When a landowner submits an application for the extension or renewal of a lease term, several factors come into consideration before the application is either approved or declined.

The Finance Act 2023 introduced a number of changes to Kenya's Capital Gains Tax (CGT) regime. These include a new due date for payment of CGT, a new qualifier for the exemption for a transfer…

As a diplomat who has lived in the country for an extended period of time, there is a likelihood that you have formed connections or set up a life in Kenya. What happens after you retire? How can …

Diplomats in Kenya such as, accredited representatives to Kenya of foreign governments, persons enjoying immunities and privileges as set in laws relating to privileges and immunities, accredited …

On 2nd August 2023, pursuant to deliberations, the State Department for Lands and Physical Planning, the Law Society of Kenya, the Institution of Surveyors of Kenya and the Kenya Bankers Associati…

When a medical practitioner is consulted by a patient, certain duties arise that are owed by a practitioner to their patient. A breach of any of those duties may give rise to medical negligence an…

A customary marriage is one that is conducted in accordance with the customs of communities of either both or one of the parties to the marriage.

Polygamy, best described as the practice of a man having more than one wife at a time has long been practiced in Kenya, especially under customary and Islamic marriage settings. The Marriage Act 2…

Family trusts have globally been recognised as the ideal succession tool for families seeking to preserve and devolve wealth to subsequent generations, but did you know they are also an excellent …

It is common knowledge that foreigners married to Kenyan citizens are eligible to apply and attain Permanent residence status. Parties in a Polygamous marriage however commonly wonder if this also…

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 espec…

A branch of a foreign company is established when a new location, division, department, or office is set up in another jurisdiction as part of a foreign legal entity. Such entity would be set up a…

With the cost of school fees increasing at an equal if not higher rate than inflation, many grandparents seek to lend a supportive hand in financing their grandchildren’s education, driven n…

The ideal outcome in succession matters, whether the deceased died testate (with a will) or intestate (without a will), is for the family to peacefully take care of the liabilities and thereafter …

Through stakeholder consultations, the KRA and the National Treasury have recommended amending the TAT Act to provide what they see as a medium ground.

The intention of most people getting into a marriage is that only death will do them part. Unfortunately, we live in a broken world and divorce for various reasons occurs bringing to an end these …

On the 20th of April, 2023, the Court of Appeal pronounced itself on matters to do with compensation that arises out of medical negligence.

For a long time, the use of trusts as an estate planning tool was deemed “innovative lawyering”. This was largely due to the absence of concrete statute provisions on the standing of f…

The rule against perpetuities and the rule against excessive accumulations as provided in the Perpetuities and Accumulations Act are two different but related legal principles that are mostly used…

Registration of company name is regulated by the provisions of Companies Act 2015 and the underpinning Regulations thereof, for one to successfully register a company, one must first reserve the p…

A bare trust is a trust arrangement in which the trustee holds the legal ownership of the trust assets while the beneficiary or list of beneficiaries retain the beneficial ownership of the trust a…

The Kenyan government provides a range of tax incentives in an effort to encourage investments in certain projects however, this article restricts itself to e tax incentives merited to non-profit …

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

The Kenyan government provides a range of tax incentives in an effort to encourage investments in certain projects however, this article restrains itself to focus on the tax incentives merited to …

Not all grants serve the estate’s best interests. Discover 4 reasons a grant of representation may be revoked in Kenya—and why legal guidance matters.

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

A Will is a legal declaration of a person's wishes regarding the disposal of his or her property or estate after death. It is intended to voice the intentions of the testator or testatrix (i.e…

Previously, adoptive parents did not enjoy any leave attributed to their change in status as contrasted with birth parents who are statutorily entitled to maternity and paternity leave. In a bid t…

The Kenyan government provides a range of tax incentives in an effort to encourage investments in certain projects however, this article restrains itself to focus on the tax incentives merited to …

A family trust is an effective estate planning tool that allows the founder of the trust (“the settlor”) to protect and accumulate their wealth for their own benefit and the benefit of…

The Kenyan government provides a range of tax incentives in an effort to encourage investments in certain projects however, this article restrains itself to focus on the tax incentives merited to …

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, conve…

Previously, adoptive parents did not enjoy any leave attributed to their change in status as contrasted with birth parents who are statutorily entitled to maternity and paternity leave. In a bid t…

Digital Service Tax ( DST) is a tax that is payable on income derived or accrued in Kenya from services offered through the internet or any electronic network, application or website. A digital ma…

The importance and benefits of estate & succession planning cannot be overstated, it ultimately affords peace of mind to the remaining family members as they devolve…

The Act defines a guardian as a person appointed by a parent or by a court order to assume parental responsibility over a child on the death of the parent either alone or jointly with the survivin…

The Children’s Act 2022 ushers in an era that gives effect to Article 53 of the Constitution of Kenya which makes provisions for children’s rights, equal parental rights, and responsib…

Learn about child custody, maintenance & parental responsibility under Kenya’s Children’s Act 2022. Protect your child’s future—read the full guide now!

On Friday, 27th January 2023, the Supreme Court of Kenya delivered a precedent-setting judgement on the division of matrimonial property between divorced parties.

On Friday, 27th January 2023, the Supreme Court of Kenya delivered a precedent-setting judgement on the division of matrimonial property between divorced parties.

Distress for rent is the seizure of a tenant’s goods for failure to pay rent with a view of selling them to recover the outstanding rent arrears. The Distress for Rent Act as read with the A…

Over the past few years, holders of debentures executed pre – 2015 have at the point of enforcing the same been met with the question –to appoint a receiver or an administrator?

Churches are registered under the Societies Act, Cap 108, Laws of Kenya. Unlike registration under the Companies Act or the Limited Liability Partnership Act, this registration does not confer art…

Establishing a trust for the benefit of your family is not a complicated and time-consuming process. Once you engage the services of a seasoned Wealth and Private Clients lawyer, he or she will be…

A business visa allows a foreigner to attend business meetings, prospect potential opportunities, negotiate contracts and even execute the negotiated contracts while holding the Business Visa.

Over the past few years, holders of debentures executed pre – 2015 have at the point of enforcing the same been met with the question –to appoint a receiver or an administrator?

Testamentary freedom means that every person who is of sound mind and not a minor may dispose of all or any of their free property by will.

A blind trust is a living trust that is controlled by the trustees. It is created to intimate that the settlor (the person whose assets are transferred to the trust) and the beneficiaries have lit…

A blind trust is a living trust that is controlled by the trustees. It is created to intimate that the settlor (the person whose assets are transferred to the trust) and the beneficiaries have lit…

A blind trust is a living trust that is controlled by the trustees. It is created to intimate that the settlor (the person whose assets are transferred to the trust) and the beneficiaries have lit…

A blind trust is a living trust that is controlled by the trustees. It is created to intimate that the settlor (the person whose assets are transferred to the trust) and the beneficiaries have lit…

It is common parlance to have Diplomatic Personnel and their family members engage in other gainful occupations in the host state Kenya included

Post-nuptial agreements are a generally new concept in Kenya.

Wills have traditionally been the preferred estate planning tool. However, recent amendments to Kenyan laws have propelled family trusts into the fore front of estate planning tools by refining it…

An Administration Order can only be granted by the Insolvency Court once the conditions under Section 531 of the Insolvency Act are satisfied, to wit, a company is unable to pay its debts and if t…

Kenya has made a lot of strides recognizing equality between the male and female gender and the courts are working to ensure that the right to equal treatment (non-discrimination based on gender) …

The Government of Kenya, through the Ministry of Interior & Co-ordination of National Government, has recently shared a press release reminding all Kenyans that by 1st December 2022, Kenya wil…

Parents are always concerned about the well-being of their children especially when they are highly dependent minors that require constant specialized care.

Parents are always concerned about the well-being of their children especially when they are highly dependent minors that require constant specialized care.

ICT companies operate in a very fast-paced environment, where new technology, innovations and inventions are the order of the day and firms have to constantly find innovative solutions for their m…

Kindly note that in a bid to expand its tax base, the Kenya Revenue Authority (KRA) Commissioner for Domestic Taxes shall undertake a data collection exercise on rental properties with Nairobi Cit…

Parents are always concerned about the well-being of their children especially when they are highly dependent minors that require constant specialized care.

Polygamy has been defined in the Marriage Act 2014 as the state or practice of a man having more than one wife simultaneously.

Data Protection

A trust is a legal arrangement that is created by a settlor (the founder of the trust) by transferring his or her assets to the trust and placing them under the control of a trustee for the benefi…

Many aspects of the law have come to grips with the pressures and realities of the advancements and use of digital technology, and testamentary succession is no exception.

The marriage covenant is intended to be an everlasting covenant. As a result, most parties do not enter into the marital relationship with the thought that the same may …

As therein indicated, under section 143 of the Companies Act, a director must act in the way which he considers, in good faith, would be most likely to promote the success of the company for the b…

Garden leave is a term used to reference the practice of having an employee work away from the office with limited access to the employer’s resources following a notice of termination or res…

A shareholders’ agreement is a contract amongst the shareholders of the company that establishes their relationship amongst themselves and with the company.

Where a company is in financial difficulties or otherwise insolvent, the director’s duty shifts to the interest of the creditors of the company.

The Contracts in Restraint of Trade Act is a law that gives validity to contracts that are in restraint of trade.