Legal Alerts

Article 40 of the Constitution of Kenya, 2010 entitles all Kenyans to the right to acquire and own property either individually or in association with other people. The right extends to intellectual rights whose scope covers Copyright. Article 40 (5) requires the state to support, promote and protect Kenyans’ intellectual property rights.

Article 40 of the Constitution of Kenya, 2010 entitles all Kenyans to the right to acquire and own property either individually or in association with other people. The right extends to intellectual rights whose scope covers Copyright. Article 40 (5) requires the state to support, promote and protect Kenyans’ intellectual property rights.

The Tax Appeals Tribunal recently rendered its judgment in Havi ta Havi & Co. Advocates v Commissioner General, Kenya Revenue Authority (Tax Appeal E345 of 2024), reaffirming the strict application of statutory timelines for lodging tax objections. This decision serves as a crucial reminder for taxpayers to adhere to tax procedures or risk losing their right to contest tax assessments.

Employment contracts are a frequent subject of dispute in employment law. In particular, questions surrounding the legality of termination when the employer decides not to renew a fixed-term contract often arise. Many employees, after working for a period under renewable contracts, may have a reasonable expectation of contract renewal. However, under Kenyan employment law, the mere non-renewal of a fixed-term contract does not automatically lead to a finding of unfair or unlawful termination.

The child must be at least 6 weeks old and declared free to adopt by an adoption agency. One can also adopt any child who resides in Kenya regardless of whether they are a citizen or not. The applicant or at least one of the joint applicants must satisfy the following conditions:

The Tax Procedures Act (2015) was enacted to ensure consistency and efficiency in the administration of tax laws, to facilitate tax compliance by taxpayers and to ensure effective and efficient collection of tax.

The imposition of Value Added Tax (“VAT”) by the Kenyan Parliament on businesses whose primary source of income involves export of services from Kenya has had a dramatic impact on the country’s economy. In Kenya, VAT is a type of an indirect tax which is mostly paid by consumers of taxable goods and services which are either exported from and/or imported in Kenya.

It is astonishing that majority of business owners in Kenya who have rented commercial spaces in major cities and towns across country are not aware of their legal rights when Landlords purport to breach their rights. Since 2020, Landlords have been accused of removing roofs with intent of frustrating rent defaulters to vacate the business premises while others mounting barriers at the entrances of the suit premises. These actions have left a large number of Tenants in utter confusion after forceful eviction. Others are left without knowing where to begin when their tools of trade have long been carted away for public auction.

In October 2021, the Copyright (Amendment) Bill 2021 was published. The Bill had two main objectives; firstly, to amend the Copyright Act to provide for a fair formula for sharing of revenue from ring back tunes between the artistes/copyright holders and the telecommunications companies; and secondly, to repeal the provisions on takedown notices and requirements, the role of internet service providers and application for injunctions.

“Squatter” is defined in the Black’s Law Dictionary, 9th Edition as; “a person who settles on property without any legal claim or title”. The same was reiterated in Salome Mwihaki Njenga & Others (Suing as Chairlady, Treasurer And Secretary Of Twiga Estate Squatters Society) versus Hon. Attorney General Of Kenya & Others [2016] eKLR.