Kenya’s PPP Framework: Questions for Foreign Infrastructure Investors
A practical introduction to Kenya’s public-private partnership framework for investors considering infrastructure projects.
Legal Insights
Practical analysis of Kenyan commercial law from CS Advocates LLP, litigation, conveyancing, mediation, governance, and infrastructure.
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Privacy Policies for Kenyan Websites: What the Law Requires
Every Kenyan website that collects a name, an email or a phone number is processing personal data, and the Data Protection Act 2019 applies from the first field of the contact form. A privacy policy is where that legal duty becomes visible to users. Does Kenyan law require a privacy policy? The law requires transparency: … Read more
Avoiding Litigation: Contract Clauses That Prevent Disputes
The cheapest case is the one that is never filed. Much of Kenyan commercial litigation begins with a contract that was silent on the exact question the parties ended up arguing about, and by then the drafting options have narrowed. Which clauses actually prevent disputes? Clear scope, deliverables and payment terms, with dates and currencies … Read more
Confidential by Design: How Mediation Protects Business Reputation
Ask company directors why they avoid the courts and the answer is rarely the fees; it is the audience. Court proceedings are public. Mediation is the opposite: a private, controlled process in which the dispute, the discussion, and the settlement terms stay behind closed doors. That privacy is one of the main reasons commercial parties … Read more
Due Diligence Before Buying a Mining Company in Kenya: Red Flags to Check
Buying a mining company in Kenya means buying its licences, its land position, its community relationships and its liabilities, some of which will not appear in the accounts. Diligence is where a sensible price is set or a deal is declined. The price agreed is only as good as the position behind it. This note … Read more
Mediating Diaspora Property Disputes Without Travelling Home
A boundary dispute, a deposit stuck with a seller, a disagreement over inherited land, and you are ten thousand kilometres away. Property disputes in Kenya can usually be advanced without a flight home. Can a Kenyan property dispute be resolved without travelling? In many cases, yes. An advocate instructed by you can appear, correspond and … Read more
Wills for Kenyans in the Diaspora: Estate Planning from Abroad
A Kenyan working in London, Dubai or Minneapolis may have spent a decade abroad yet still own a plot on the outskirts of Nairobi, a house upcountry, bank accounts and family responsibilities at home. Death abroad does not settle a Kenyan estate by itself. Without a plan, the family inherits a process, and diaspora families … Read more
Reporting a Crime in Kenya: From Report to Prosecution
When a theft, a fraud or an assault is committed against you, the criminal process begins with a report, yet what happens between that report and a prosecution is often unclear to the very people the system is acting for. Understanding the sequence helps a complainant follow the case, support it properly, and know when … Read more
Shareholding Structures and Director Duties: The Basics in Kenya
Two founders holding fifty-fifty, a family with everyone on the register, or an investor with a preference share class, the shareholding written at incorporation determines what happens in every disagreement that follows. How should shareholding be structured? The Companies Act 2015 allows different classes of shares with different rights to votes, dividends and capital on … Read more
ADR vs Court in Kenya: Choosing the Right Path for Your Dispute
Not every dispute belongs in a courtroom. Arbitration, mediation, and structured negotiation resolve a large share of commercial disagreements in Kenya, often faster, privately, and on terms the parties help design. The skill is knowing which path a particular dispute should take. What is alternative dispute resolution? Negotiation, direct, structured discussion between the parties, often … Read more
Terminating for Poor Performance in Kenya: Documentation That Protects the Employer
Poor performance rarely arrives unannounced. Missed targets, repeated errors and unmet deadlines leave a trail, and the employer’s response to that trail decides whether a later dismissal survives scrutiny. Terminating for poor performance in Kenya is lawful, but only with valid reasons and a fair procedure behind it. The file you build along the way … Read more
Trust Disputes in Kenya: When Beneficiaries and Trustees Disagree
A trust is meant to prevent family conflict; it does not always succeed. Distributions the beneficiaries think are too slow, property the trustees will not sell, accounts no one shares, disagreements of this kind can end with a court being asked to supervise a private arrangement. Knowing what each side is entitled to is where … Read more