Publications

How to File your Company Annual Returns on your Computer using your e-Citizen Account

You can now file your company annual returns online using your e-Citizen account.

Forms of Intellectual Property

Set yourself apart from the competition, register a trademark, patent or copyright in Kenya.

Registration of Security Rights in Movable Property

Did you know that you can now create a security over movable property from the comfort of your computer using your e-citizen account? The Movable Property Security Rights Act enacted in May 2017 which is aimed at improving access to finance now enables this.

Requirements and Process of Adoption in Kenya

Under The Children Act No. 8 of 2001, any child who is resident within Kenya is eligible for adoption, whether or not the child is a Kenyan citizen, and whether it was born in Kenya or not. The child has to be at least six weeks old and has to be declared free for adoption by a registered adoption society.

Redundancy Procedure in Kenya

One of the statutory prerequisites for a redundancy procedure in Kenya is that the employer has to give written notification to the targeted employees at least one month before the commencement of the intended redundancy. There are other prerequisites for this process.

The Processes Involved in Registration of Customary Marriages in Kenya

Registration of customary marriages in Kenya is governed by the Marriage (Customary Marriage) Rules, 2017, under the Marriage Act which require that all customary marriages be registered from the 1st of August 2017. The registration process begins with both parties appearing before the Registrar.

Remedies Issued by the Environment and Land Court in Kenya

The Environment and Land Court (ELC) was established by the 2010 constitution, to determine all disputes relating to land and environment in Kenya. In determining these disputes, the court can issue several remedies including injunctions, award of damages and compensation.

Writing a Will in Kenya

A will provides certainty to the surviving members of the deceased’s family, by distributing the property of the deceased according to his/her wishes. These are the legal requirements for a valid written will.

Procedure and Timelines Relating to Employment LItigation in Kenya

Going to court over an employment matter? In Kenya, employment disputes are heard and determined by the Employment and Labour Relations Court. These are the processes and timelines involved.

Custody and Parental Responsibility in Kenya

When determining whether or not to issue a custody order, the court considers the following factors, in addition to the best interest of the child.

Matrimonial Property Act in Kenya – What Property is Each Spouse Entitled to in a Marriage?

Although the Constitution of Kenya states that the parties to a marriage have equal rights during the marriage and at the dissolution of the marriage, this does not mean that they have an equal share in the property that they own during the subsistence of the marriage and after divorce.

Process and Timelines for Civil Litigation in Kenya

Before filing a civil suit, the prospective plaintiff (person/entity suing) is required to write a demand letter to the prospective defendant (person/entity being sued) warning him of the impending litigation.

Uber Wars: Transport or Software Company?

The services rendered by Uber have been subject to debate with the main concern being, whether it is a transport or a technological company. The determination of this question will have an impact on the amount of taxes that are to be paid by the prestigious and relatively popular company.

Changing the use of land in Kenya

If you intend to buy agricultural land and convert it to commercial use or vice versa, you will be forced to seek approval from the County Government, which has the authority to ensure that land owned by county residents is used for the purposes it has been intended for by the Director of Physical Planning.

Voter Bribery: The Treatment of this Pervasive Electoral Offence in Kenya

The legislature has enacted laws that elaborate on offences which if committed by persons vying for elective office adversely affect the consideration of elections as free and fair. Of particular interest to this article is the offences of voter bribery which is a common election offence in Kenya.

Tips for a first time buyer of land in Kenya

Land being a precious commodity, has attracted people with genuine dealings as well as some crooked elements out to con rookie land buyers of their hard earned cash. The following tips should be helpful to a first time land buyer in Kenya.

How government entities and counties in Kenya can use Public Private Partnerships to raise finances

Lately Public Private Partnerships appear to be the way to go for counties and other government entities seeking to finance capital intensive infrastructure and development projects. Certain legislative considerations should be borne in mind by government entities seeking to embrace PPPs.

Reducing adverse legal exposure when terminating employment contracts in Kenya

There are numerous legally recognized reasons that an employer may have for terminating an employee’s contract of employment. The law provides for procedures to be adhered to in each circumstance.

How to Challenge the Powers of Appointing Authorities in Kenya

Appointing authorities have to ensure that there is public participation and transparency in the appointment of officers to public office. The appointee should also pass the test of leadership and integrity as listed in Article 73 of the Constitution.

Defamation Law in Kenya and Posts Made on Social Media and Online Applications

Most social media users have shown a tendency of being reckless in their posts, maybe due to the illusion of anonymity which the Internet creates. Whereas freedom of expression is a hallmark of democracy, a person should not infringe on another’s right to a good name.

Brand Protection in Kenya as Relates to Trademarks

A trademark is usually used to identify the goods or services of a business or entity from others in the market place. A trademark owner can sue another person for infringement.

Overview of pertinent amendments to Land Law statutes made in September 2016

There is now greater clarity regarding the types of land transactions that require spousal consent when transacting in property owned by married persons. There is also clarity regarding the procedure for lease renewal for land held under leasehold tenure granted by the government.