It is astonishing that majority of business owners in Kenya...
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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).
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.
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.
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.
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.
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.
Custody and Maintenance of Children: Securing a Child’s Needs
In Kenya, a child is anyone under the age of 18 years. The mother and father of a child have a joint parental responsibility to care and provide for the child’s physical, emotional and financial needs.
The New Company Beneficial Ownership Law
Section 93 of the Companies Act (the ‘Act’) provides that Companies ought to keep a members’ register which includes information relating to beneficial owners of the company.
The Business Laws (Amendment) Act
Business transactions in Kenya are governed by a myriad of laws including the Companies Act, the Law of Contract Act, among other laws.
Wills and Succession Planning
Many times, individuals pass away without leaving guidelines for the handling of their property. This often results in disputes where relatives and unfamiliar offspring and spouses fight for the property left behind.
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