Data and Privacy Laws of Kenya

Introduction – Data and Privacy Laws Information Communication Technology is a result of continuous innovation that has resulted in a need to access immense data for purposes of companies or individuals conducting both legal and illegal activities; hence, affecting privacy, which has resulted in passing of detailed Data and Privacy Laws in Kenya. All over […]

Energy Laws in Kenya

The Energy Act No. 01 of 2019 defines energy as any source of electrical, mechanical, hydraulic, pneumatic, chemical, nuclear, or thermal power for any use; and includes electricity, petroleum, coal, geothermal, biomass and all its derivatives, municipal waste, solar, wind and tidal wave power. The Energy Act is the substantive Energy Laws in Kenya. Energy […]

Fashion Law Practice: (Useful) Article – Ong’anya Ombo Advocates

Intellectual Property (IP) is a general term that refers to a collection of various rights that a person can have or own over various acceptable intellectual outputs. In the Republic of Kenya (Kenya), the most common types of IPs are Patent, Copyright and or Trademark, which most individuals assume only apply to software, hardware, or […]

Capital Markets Authority: Cross Listing

The growth and reputation earned by the Capital Markets Authority (CMA) of Kenya led to the CMA working towards opening its bourse to other countries across the globe. Initially, prior to making this step, the Republic of Kenya had established a Memorandum of Understanding between itself and the Eastern African Countries as the East African […]

Mergers & Acquisition in Kenya – Ong’anya Ombo Advocates

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 Investors in Kenya

The Republic of Kenya has legislations that address the interests of Foreign Investors, (click link for comprehensive information) 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 – Foreign Investors The basic […]

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 […]