Articles

Article 40 of the Constitution of Kenya guarantees every person the right to acquire and own property, including land, and protects against arbitrary deprivation of such property. However, land in Kenya often becomes the subject of disputes, fraud, and competing claims, which may compromise the enjoyment of this constitutional right. To address such risks, the Land Registration Act, No. 3 of 2012 (“LRA”) and the Land Registration (General) Regulations, 2017 provide three protective mechanisms: cautions, restrictions, and inhibition that operate as legal safeguards against unlawful or fraudulent dealings in land.

This legal alert outlines the nature, process, and effect of each mechanism, with reference to the LRA and accompanying Regulations, while drawing a clear distinction among them.

On 6th March 2025, the Nairobi City County Government announced plans to declare the Nairobi River Corridor a Special Planning Area (SPA). This is being done under Sections 52 and 53 of the Physical and Land Use Planning Act, 2019, in collaboration with the Ministry of Lands, Public Works, Housing and Urban Planning.

On 6th March 2025, the Nairobi City County Government announced plans to declare the Nairobi River Corridor a Special Planning Area (SPA). This is being done under Sections 52 and 53 of the Physical and Land Use Planning Act, 2019, in collaboration with the Ministry of Lands, Public Works, Housing and Urban Planning.

On 6th March 2025, the Nairobi City County Government announced plans to declare the Nairobi River Corridor a Special Planning Area (SPA). This is being done under Sections 52 and 53 of the Physical and Land Use Planning Act, 2019, in collaboration with the Ministry of Lands, Public Works, Housing and Urban Planning.

The High Court of Kenya in the case of Kenya Revenue Authority v Salsa Global Investment Company Limited & 3 others [2025] KEHC 5619 (KLR) reinforced the requirement for companies to inform interested parties when applying for deregistration from the Companies Register and the need to settle their debts when dissolving companies.

The rapid growth and utilization of technology in automating business activities and efficiency in services and products has led to the increased use of individuals personal data as a means to improve business performance.

Article 43 of the Constitution of Kenya, 2010 (CoK) provides for economic and social rights. The Constitution entitles all Kenyans to highest attainable standards of health which extends to the right health care services, including reproductive health care.

As an influencer, you should therefore be keen to scrutinize the terms of the contract and point out aspects that open you to adverse risks. A legal expert’s skills are necessary during the contract negotiation stages in addressing your interests. This will help you to avoid unnecessary court cases over the fairness of the brand partnership contract. Ordinarily, courts will require you to present great evidence to invalidate the contract based on the unfairness of the terms. As a common practice, the courts do not rewrite the terms of a contract for the parties but enforce their intention.

The first proprietors applied for extension of the lease three months prior to the lapse of the period in 2001. However, the Commissioner for Lands neither approved nor declined the application for extension despite seeking for objections from the Directors of City Planning and Survey respectively. The first proprietors continued to stay on the land while paying the periodic rates to the Commissioner for Lands. However, in 2009, they were forcefully evicted from the land by agents of the Nairobi City Planning. The land had been allocated to Rospatech Limited who later transferred it to Tarabana Company Limited. The first proprietors challenged the illegal eviction by filing a suit at the Environment and Land Court.

This legal alert provides an in-depth analysis of the potential ramifications of the Business Laws (Amendment) Act, 2024, particularly its provisions concerning the escalation of minimum core capital requirements for banks in Kenya. I will examine how this legislative change is likely to reshape the competitive landscape of the Kenyan banking sector, with a specific focus on its potential to trigger a wave of mergers and acquisitions (M&A).