Articles & Legal Alerts

The Law on Empanelment of a Bench

The decision whether or not to empanel a bench of more than one Judge at the High Court ought to be made where it is absolutely necessary and in strict compliance with the relevant constitutional and statutory provisions.

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Malicious Prosecution

The tort of malicious prosecution is committed in circumstances where a
defendant (s) causes the arrest and prosecution of the plaintiff or claimant without reasonable and/or probable cause and the proceedings so instituted terminate in favour of the plaintiff.

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Legal Alert on Saccos

The primary Objective of the Sacco societies (Ammendment) Act 2022 is to provide for ICT mechanism through whcih Saccos shall submit & receive statutory reports and otgher relevant information in their ordinary course of business.

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Succession Planning

Intestate succession arises when either a person dies without a will or the will left by the deceased is invalidated by the Court. In such a case, the surviving persons (subject to the degree of consanguinity) are required to petition the Court for a Grant of Letters of Administration (Intestate).

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Registration of Family Trusts in Kenya

On 23rd December 2021, the Trustees (Perpetual Succession) (Amendment) Act (TPSA) came into force, introducing a new regime of registration of family trusts. Previously, family trusts could only be registered indirectly by incorporating companies limited by guarantee.

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MK’s Hot from the Bench, February 2021 Edition

While the process of appointment of judges and magistrates is well known, there has previously been a lack of clarity when it comes to the process of appointment and the appointing authority of members of tribunals.
In June 2020, the Cabinet Secretary for industrialization appointed members of the BPRT to serve for a term of three (3) years.

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Digital Service Tax

In 2019, the Kenya Revenue Authority (KRA) introduced the Digital Services Tax (“DST” or “the Tax”). In August 2020, the Income Tax (Digital Services Tax) Regulations, 2020 (the “Regulations”) were published as a guide for implementation of the Tax.

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The Land Title Conversion Process

On 31st December 2020, the Cabinet Secretary for Lands & Physical Planning published in the Kenya Gazette (Special Issue
Vol.CXX11-No.242), a list of parcels of land in Nairobi County, which are meant to be allocated new parcel numbers and as a
result – new title documents.

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Data Protection Law in Kenya

In keeping up with modern-day developments that require the involvement of codified regulations, Kenya adopted the Data Protection Act on 8th November 2019 via presidential assent.

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