Arbitration
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Case Brief: Albatross Aviation Limited & another v Phoenix of East Africa Assurance Company Limited [2018] eKLR Introduction Alternative Dispute Resolution (ADR) is considered as one of the vital and timely methods for addressing any dispute between parties. To make such provisions quite effective, parties provide various terms in the contract on what method to […]

MERGERS & ACQUISITIONS
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Introduction The Republic of Kenya is on the verge to fully achieve the status of being a financial hub and economic centre not only in Eastern Africa but across Africa. As a result, there are many laws and regulations that are formulated in order to see such access achieved prior to the most talked about […]

Foreign Investment in Kenya
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Introduction The Republic of Kenya has legislations that address the interests of Foreign Investors, and that is through general Acts of Parliament, Gazette Notices or through Treaties between Governments. In this issue, we will address several factors that fall under Foreign Investment. Registration of Foreign Companies The basic documents required to register a company as […]

Employment Act, 2007 of the Laws of Kenya: Termination
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Introduction Termination of employment occurs in various forms, which should be conducted as per the law. A well conducted separation reduces chances of legal action by any party to the just terminated agreement. We are highlighting some of the bare minimum conditions that the Employment Act, 2007 of the Laws of Kenya (the “Act”) provide. […]

Shareholding in Kenya: Non-Citizen Scenario
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Introduction The Companies Act No. 17 of 2015 (the “Companies Act”) had introduced a new requirement that a foreigner who intends to register a company in Kenya, should give at least 30% of the shares to a citizen of the Republic of Kenya. After extensive deliberations on the impact of the provision towards Foreign Direct […]

Ownership of Land in Kenya: The Non-Citizens Scenario
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Introduction On 27th August 2010, the current Constitution of Kenya was promulgated, hence, repealing the previous Constitution (also referred to the Independence Constitution[1]). The purpose of the Constitution was to protect, guide, address or provide a mechanism that the State and its citizens should interact, not to mention addressing historical activities that breached or violated […]

KENYA: Offences under the Computer Misuse and Cybercrimes Act, 2018
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Offences The law Comments Unauthorised access Occurs when a person knows they do not have the authority to access certain information but makes effort to access the information. The important question is whether the person accessing the information does have the authority to do so.   Access with intent to commit further offence Occurs when […]

Tax (Re)structuring: the advent of Cryptocurrency
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Tax (Re)structuring: the advent of Cryptocurrency by Ombo Malumbe* Abstract The ideology of establishing Bitcoin (read cryptocurrency) has been in place prior to the year 2008 when the first stable cryptocurrency was conceptualised by the mysterious person or group of persons known as Satoshi Nakamoto. However, in this paper, the bone of contention is what […]

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