Foreign Investment in Kenya – Ong’anya Ombo Advocates

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 […]

Termination of Employment Relationship – Ong’anya Ombo Advocates

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. […]

Foreigners as Shareholders in Kenya – Ong’anya Ombo Advocates

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 […]

Foreigners as Landowners in Kenya – Ong’anya Ombo Advocates

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 […]

Computer Misuse & Cybercrimes Act – Ong’anya Ombo Advocates

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 […]

GDPR’s Impact on Kenya – Ong’anya Ombo Advocates

Introduction The European Union (the “EU”) enhanced its Data Laws when it passed the General Data Procedure Rules (the “GDPR”) on May 25, 2016. The GDPR came into effect on May 25, 2018, thus, there was a transition period of two years. Other than the GDPR addressing the loopholes that existed. The GDPR is in […]

Tax (Re)structuring through Cryptocurrency – Ong’anya Ombo Advocates

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 […]

The Philippines on ICO – Ong’anya Ombo Advocates

On August 02, 2018 the Securities and Exchange Commission (SEC) of the Government of Philippines proposed rules that it intends to use in regulating investors who intend to utilise the Initial Coin Offering (ICO) as a means of raising funds either through Private Placements or making it Public – a process similar to the Initial […]

Regulating Blockchain and Cryptocurrency – Ong’anya Ombo Advocates

Well, after working with at least 11 Blockchain Technology and Cryptocurrency companies in the European Union (EU) and some in the United States of America (USA) for purposes of structuring the companies or the White Paper to take advantage of the exemptions provided in various laws. For instance, when does the product fall under Securities […]

The Legality of Cryptocurrency – Ong’anya Ombo Advocates

The legality of Cryptocurrency came into question in the year 2015, whereby the Central Bank of Kenya (the ‘CBK’) issued a public caveat over the use of cryptocurrency. In their words, the CBK, states that cryptocurrency is not a legal tender nor is it regulated by Kenyan laws. The uncomprehensive position of the CBK puzzles […]