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Kenya: THE LEGALITY OF CRYPTOCURRENCY

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 […]

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SOFTWARE UNDER COPYRIGHT AND PATENT LAW

Introduction Intellectual Property Rights (IPR) is a composition of various overlapping rights such as Copyright, Trademarks, Geographical Designs, Patents et al. Various schools of thought that are pro-intellectual property argue that by offering IPR, it enables people to have an incentive to invent; hence, making life much better. For purposes of this discussion, Copyrighting and […]

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Consumer Protection: INTERNET AND REMOTE AGREEMENTS

Internet Agreements entails any form of agreement that two or more parties may enter into with hope of attaining certain goods or services. The contract meets the basic principles of contract law. However, there other peculiar factors such as signing, for instance, will the document need further physical signing or it will fit the e-signature. […]

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DATA PROTECTION IN AFRICA

African countries face a mirage of challenges concerning Cyberspace and Telecommunication, both concerning useful technology and laws. It is not only hard to tell how companies and/or their subsidiaries such as Alphabet (parent company for Google), Yahoo, WhatsApp, Instagram, Facebook, Twitter, International Financial Institutions, etc. use the big data that they collect and analyse from […]

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Kenya and United Kingdom: DOUBLE TAXATION AGREEMENT

The purpose of this paper is to highlight the key provisions of the agreement that allows both natural and juristic persons to structure their tax obligation, more so on Double Taxation. The Government of Kenya and United Kingdom have a longstanding relationship since colonisation to date. As it stands, the two States entered into an […]

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STRUCTURING AN ICO IN CAYMAN ISLANDS

Initial Coin Offering is becoming popular for fundraising of new projects by utilising blockchain technology. Though no specific legislation has been passed on ICO in Cayman, a number of existing legislations are applicable in certain circumstances. They include: – The Securities Investment Business Law (SIBL) –  primary regulation regarding investments in securities and associated business. […]

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GENERAL DATA PROTECTION RULES

The EU data protection framework – the General Data Protection Regulation(GDPR) will be applicable to all members as from 25th May 2018, replacing the 1995 Data Protection Directive. It will harmonize data privacy laws across Europe as well as give greater protection and rights to individuals. Key highlights in the GDPR include: – Rights of […]

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CONSTRUCTIVE DISMISSAL OF EMPLOYEES IN KENYA

Constructive dismissal arises where an employer, in the absence of any justifiable reasons for dismissal, advances to create circumstances that will bring about a dismissal leading to the resignation of an employee in response to the fundamental breach of the contract by the employer. The primary concern in constructive dismissal in Courts is the conduct […]

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PERSON WITH SIGNIFICANT CONTROL REGULATION IN THE UNITED KINGDOM

In April 2017, the United Kingdom issued PSC reporting guidelines in order to unearth individuals who owned significant shareholding in Companies in the UK and hid their identity behind nominee shareholders. A nominee shareholder is an individual, company or LLP that publicly holds shares in a company on behalf of the actual owner who remains […]