Articles & Legal Alerts

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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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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Key Changes in Compulsory Acquisition

This is the legal process by which the State acquires private property for a public purpose or pursuant to public interest. The major guiding principle with regard to compulsory acquisition is that the process of compulsory acquisition may not be undertaken unless it is authorized by law and is in public interest.

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