Practical analysis of Kenyan commercial law from CS Advocates LLP, litigation, conveyancing, mediation, governance, and infrastructure.
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Access to legal help should not depend on wealth alone, and Kenya has several avenues for people who cannot afford an advocate. Knowing where to turn, and what each avenue actually offers, saves weeks of frustration. What options exist for legal aid in Kenya? State-supported legal aid, the Legal Aid Act 2016 provides a framework … Read more
Most guidance on Kenyan trusts stops at registration. But a registered trust is a living structure: trustees hold property, money moves, beneficiaries grow up and trustees themselves change. What keeps a trust healthy year to year is unglamorous administration, and it is the absence of that administration, not the original drafting, that produces most of … Read more
A dispute inside a family business carries a double risk: the company can be damaged by the fight itself, and the family can be damaged by the way the fight is conducted. Mediation is designed for exactly this overlap of relationship and commerce, which is why advisers increasingly steer these disputes to mediation at the … Read more
Owning property in Kenya from abroad involves two annual obligations that diaspora owners frequently discover only when a transaction stalls: land rent and land rates. They sound interchangeable, are often confused, and are owed to different levels of government. Unpaid, either can block a sale, mortgage or transfer. Here is how the two work. What … Read more
You have been named executor, the funeral is over, and the real work, the estate, now begins. Probate is the legal route from being named in a will to being able to deal with the deceased’s property, and it is more manageable than most executors expect. What is probate in Kenya? Probate is the court’s … Read more
Fraud and forgery allegations often begin as a business disagreement, a contract gone wrong, a signature disputed, money unaccounted for. They are nonetheless criminal allegations that follow a structured process, and both the substance and the paperwork matter enormously. What do fraud and forgery mean in Kenyan law? The Penal Code (Cap 63) criminalises a … Read more
A distributor fails to pay for delivered goods. A contractor abandons the site half-way through the works. When one party does not perform its side of a bargain, the question that follows is practical: what can the injured party actually recover? Kenyan law offers a set of remedies whose selection shapes both the strategy and … Read more
Before money changes hands on a large commitment, a purchase of land, a loan secured on property, an investment in a regulated business, one question recurs: has the law been checked properly? A formal legal opinion is the instrument by which that check is recorded. This article explains what a legal opinion in Kenya contains … Read more
The registration form gets the attention, but the documents filed with it define the company for years afterwards. Four of them matter most when incorporating under the Companies Act 2015. What does the memorandum of association do? For a company with share capital, the memorandum is filed as Form CR2. Under the Companies Act 2015 … Read more
Sexual harassment is difficult to raise and harder to endure, and many employees put off reporting because they fear the consequences more than the conduct. Kenyan law provides routes for reporting and protections against retaliation. Knowing them makes the first step less heavy. What does Kenyan law say about sexual harassment at work? The Employment … Read more
You have lived and worked in Kenya for years. Your business is here, your family is here, and the rhythm of permit renewals feels increasingly odd. Permanent residency is the status designed for exactly this stage of life, but it has distinct eligibility routes worth understanding first. What is permanent residency in Kenya? Permanent residency … Read more
The grant has been gazetted, and then a brother files an objection claiming the will was made when the deceased was unwell. Succession disputes are common in Kenya, and the way the first few weeks are handled often shapes how they end. On what grounds can a will be challenged? Challenges commonly allege that the … Read more
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