Practical analysis of Kenyan commercial law from CS Advocates LLP, litigation, conveyancing, mediation, governance, and infrastructure.
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Accepting appointment as a trustee is more than a courtesy to family or colleagues. The role carries enforceable duties and, in some circumstances, personal liability. Anyone asked to act, or considering appointing others, should understand what the position involves. What duties does a trustee owe in Kenya? Act within the powers given by the trust … Read more
How much runway does the law give when a job ends? Notice periods are among the most commonly misunderstood employment terms in Kenya, and they matter to both sides: the employer planning a handover and the employee planning a transition. How much notice must be given to end employment in Kenya? The Employment Act 2007 … Read more
Parties told to “resolve this out of court” often meet two words: mediation and arbitration. Both sit outside the public courtroom and are recognised in Kenyan law, yet they answer the dispute in fundamentally different ways. Choosing between them turns on who decides, what gets produced, and how the result is enforced. How do mediation … Read more
Receiving a repudiation letter on a claim you have paid premiums on for years is jarring. Kenyan policyholders have real rights, but they are time-sensitive and evidence-dependent. Here is the framework our insurance law team applies when reviewing a contested claim. On what grounds can an insurer decline a claim? The common grounds are non-disclosure … Read more
Where fraud, corruption or drug offences are alleged, a second layer often follows: allegations about what happened to the money. The Proceeds of Crime and Anti-Money Laundering Act, POCAMLA, creates the laundering offences, the reporting regime and the mechanisms through which property can be frozen while an investigation runs its course. What does POCAMLA cover? … Read more
What should a party do before commencing arbitration in Kenya? This guide explains the practical questions to resolve early. It gives general information about Kenyan commercial arbitration and is not a substitute for advice on a particular contract, dispute or deadline. Who this guide is for A claimant or respondent facing a live commercial dispute. … Read more
Engaging someone as an independent contractor can suit both sides: flexibility for the worker, agility for the business. The label, however, is not decisive. Kenyan courts look at how the relationship actually works, and a contractor who looks like an employee in substance will often be treated as one. When is a contractor actually an … Read more
Children now hand over personal data years before they understand what data is, to schools, learning apps, games and social platforms. Kenyan law treats their information with particular care: the Data Protection Act 2019 singles out children’s data and conditions its processing on consent and on the child’s best interests. Organisations serving under-eighteens need to … Read more
Rare earth elements sit behind modern technology, from magnets to batteries, and Kenya’s geology, including reported deposits in coastal areas, has drawn attention for niobium and rare earth prospects. Demand for these materials continues to grow with the energy transition. Interest is one thing; a lawful, bankable position is another. This note looks at rare … Read more
A judgment is not money in the account. Until it is enforced, a commercial litigant holds a document rather than a payment, and Kenyan law provides several routes for converting one into the other. What is execution against property? The most familiar route. The decree holder applies for warrants, and the court’s executive officer attaches … Read more
What to do when an accident insurer delays, rejects or reduces a claim in Kenya: records, complaints and available dispute routes.
A developer has shown you floor plans for a block in Syokimau, the brochure promises completion in eighteen months, and the payment plan looks manageable. Off-plan purchases suit many buyers, but the legal risks start on the day the first instalment is paid. What are the risks of buying off-plan? Off-plan means contracting for a … Read more
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