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Summary of the Whistleblower Protection Bill, 2023
Kenya’s need to develop a comprehensive whistleblower protection framework has been a prolonged process, spanning over two decades. This journey began in 2003 with the ratification of the United Nations Convention against Corruption (UNCAC), followed by a further...
Samurai, Panda and Sukuk Bonds
SAMURAI BONDSamurai Bonds are bonds issued on the Japanese capital market in Japanese yen by corporations, supranational organizations, and foreign governments. With the help of this bond, businesses and organizations can raise capital in Japan by tapping into the...
Draft Energy Electric Power Undertaking Licensing Regulations, 2024
The Energy and Petroleum Regulatory Authority (EPRA) has proposed the Draft Energy Electric Power Undertaking Licensing Regulations, 2024 (hereinafter referred to as the “Draft Regulations”), which could open up the market for private firms to enter into the...
Tax Procedures (Common Reporting Standards) Regulations, 2023
In 2021, via the Finance Act 2021, Kenya adopted the Common Reporting Standard (CRS) through Section 6B of the Tax Procedures Act. This section mandated the government to create specific regulations for implementing the CRS. These Regulations act as a guide for...
The Investment Promotion and Facilitation Bill, 2023
The Investment Promotion and Facilitation Bill, 2023 (“Bill”), whose purpose is to make it easier for businesses to invest in the country by simplifying administrative procedures, improving transparency, and reducing bureaucratic procedures. To begin with, the Bill...
Ong’anya Ombo Advocates LLP Collaborates with Kenya Go Visas
Kenya Go Visas seeks the expertise of Ong’anya Ombo Advocates. Find out about the specialist review service and the benefits for travelers to Kenya.
Kenya Citizenship and Immigration (Amendment Regulations), 2023
The Cabinet Secretary for Interior and National Administration amended The Kenya Citizenship and Immigration Regulations, 2012 (hereinafter referred to as the “Principal Regulations”), thereby formulating the Kenya Citizenship and Immigration (Amendment) Regulations,...
Income Tax (Donations & Charitable Organisations) Rules, 2023
The Income Tax (Donations & Charitable Organisations Exemption) Rules, 2023 (hereinafter referred to as the "Rules”) guide donors and provide guidelines as well as the administrative procedure to be followed in granting exemptions to charitable organisations in...
Victory: Invoice Terms must comply with the Principal Contract
On August 16, 2023, the Small Claims Court delivered a Judgement in Nairobi SCCCOMM No. E3455 of 2023 Protection Masters v Trident Insurance Company Limited, in which Ong’anya Ombo Advocates LLP represented the Respondent. The Court agreed with our legal argument that...
Victory on a KES. 84,695,996.55 Graft Case: No Case to Answer
We, Ong’anya Ombo Advocates LLP, successfully represented the 10th Accused person (our Client) and had him acquitted on the basis of no case to answer in the matter of Milimani Anti-Corruption Case No. 3 of 2019: Republic v Moses Kasaine Lenolkulal & 10 Others via...
Victory on “Tax” Refunds: VAT & Drawback Duty withheld since 2009 & 2011
The High Court, Commercial & Tax Division, reiterates that funds collected as tax, when no law provides for such collection, should be refunded since such collection is unlawful and continuous holding on those funds violates the right to property. Commercial &...
Interlinking Cargo Deconsolidation, Transfer Pricing, Anti-Counterfeit Authority & Kenya Bureau of Standards
The Government of Kenya has proposed and implemented various regulations concerning tax, intellectual property, and quality assurance measures to the benefit – or lack of it – of the government, investors, and consumers. Imported products that require certification...
Labour Law: Security Guards Salary Increment
In recent regulatory development, the Kenyan government has directed that all licensed private security officers be paid a minimum monthly gross salary of KES. 30,000. The Private Security Regulatory Authority (PSRA) Director, Fazul Mahaned, has directed that...
We are featured in the 10th Edition of the ICLG Gaming Law 2024 Publication
ICLG, through a network of elite law firms across the globe, provides publications of various regulatory frameworks in different countries around the world. Our analysis of the gaming framework in Kenya was published alongside other top law firms under the 10th...
Summary of the Privatisation Act, 2023
The Privatisation Act is an Act of Parliament established on 13th October 2023, which provides a regulatory framework for the privatisation of public entities in Kenya. The Act defines Privatisation as a transaction that results in a transfer, other than to a public...
Summary of the Digital Health Act, 2023
The Digital Health Act, 2023, was enacted alongside the Social Health Insurance Act, 2023, the Primary Health Care Act, 2023, and the Facility Improvement Financing Act, 2023. All were designed to fortify Kenya’s health sector. The Digital Health Act, 2023, was...
Summary Article: Income Tax (Transfer Pricing) Rules 2023
The Government of Kenya, through the Cabinet Secretary for National Treasury and Economic Planning, has proposed new Transfer Pricing Rules [Income Tax (Transfer Pricing) Rules, 2023] (TPR, 2023), that, if it comes into effect, will replace the Income Tax (Transfer...
The Anti-Money Laundering and Combating of Terrorism Financing Laws (Amendment) Act
The Government of Kenya has effectively amended various laws in a bid to enhance various compliances per its association with various international organizations. According to the amendments under the Proceeds of Crime and Anti-Money Laundering Act, the act of a...
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