Articles

Statutory power of sale refers to the legal authority granted to a lender by statute to sell charged property upon the borrower’s default, without first seeking the intervention of the court.

This right enables the lender to realize the charged security in order to recover the outstanding debt. The legal foundation of this power is closely linked to the constitutional protection of the right to property.

This May, as Arsenal fans flood the streets of London and Nairobi alike in their red and white jerseys fresh off the club’s 2026 Premier League triumph, something quietly lucrative is happening. Every jersey sold, every knockoff replica hawked at a fraction of the price, and every fan streaming celebration in a branded shirt tells an IP story. When a team wins, jersey sales spike. But who actually pockets that money? The answer depends entirely on who holds the trademark registrations, who licensed the manufacturer, and crucially, who filed first. In Kenya’s first-to-file system, an entrepreneur could theoretically register a popular club’s hashtag or celebration phrase before the club itself does. The same passion that drives fans to pull on their lucky jersey for a title decider is the same passion that smart IP owners can, and do monetise.

Digital lending apps offer fast cash but often impose crippling, hidden costs and engage in aggressive, illegal practices. For Kenyan consumers, understanding both the nature of the exploitation and the available legal mechanisms is critical to avoiding financial distress and securing their rights.

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.