Legal Alerts

The first proprietors applied for extension of the lease three months prior to the lapse of the period in 2001. However, the Commissioner for Lands neither approved nor declined the application for extension despite seeking for objections from the Directors of City Planning and Survey respectively. The first proprietors continued to stay on the land while paying the periodic rates to the Commissioner for Lands. However, in 2009, they were forcefully evicted from the land by agents of the Nairobi City Planning. The land had been allocated to Rospatech Limited who later transferred it to Tarabana Company Limited. The first proprietors challenged the illegal eviction by filing a suit at the Environment and Land Court.

This legal alert provides an in-depth analysis of the potential ramifications of the Business Laws (Amendment) Act, 2024, particularly its provisions concerning the escalation of minimum core capital requirements for banks in Kenya. I will examine how this legislative change is likely to reshape the competitive landscape of the Kenyan banking sector, with a specific focus on its potential to trigger a wave of mergers and acquisitions (M&A).

The Sports Disputes Tribunal (hereinafter the Tribunal) is established under Section 55 of the Sports Act. The Tribunal is composed of a chairperson who shall be a person who is qualified to be appointed as a Judge of the High Court; at least two members who shall be advocates of the High Court of Kenya with at least seven years’ experience; and have experience in legal matters relating to sports or have been involved in sport in any capacity; and at least two and not more than six other persons who have experience in sport, in any capacity, of at least ten years. The members are appointed by the Judicial Service Commission.

The sale of commercial properties will now attract VAT at the rate of 16%. Purchasers and sellers must now factor VAT into the pricing and financial structuring of commercial property transactions.
There will be increase in transaction costs. Buyers of commercial properties will now have to pay an additional 16% VAT on their purchases.
Compliance Obligations: Sellers are required to account for and remit VAT accurately to avoid penalties and interest from KRA. Proper documentation and tax compliance are critical.

Understanding the legal safeguards against copyright infringement is valuable for both the owners of creative works, influencers and commercial enterprises. There are various reported cases where influencers and commercial entities were ordered to compensate artists for using their music audios without prior permission. It is therefore essential that a copyright holder understands the remedies available against copyright infringement while all other individuals acknowledge the risks associated to unauthorised use of creative work.

Copyright refers to a set of exclusive rights enjoyed by the author or creator of an original work. These rights include reproducing, distributing or adapting the work. Copyright protects a range of creative works including artistic work, literary works, musical work, audio-visual work, sound recordings and broadcasts.

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.