Practical analysis of Kenyan commercial law from CS Advocates LLP, litigation, conveyancing, mediation, governance, and infrastructure.
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Artisanal and small-scale mining supports many households across Kenya, from gold panning in the west to gemstone digging in the south-east. The Mining Act 2016 recognises these activities and regulates them through permits, and working outside the permit system exposes diggers and traders alike to enforcement. This note sets out the rules and responsibilities that … Read more
CCTV in the shop, email on company servers, a GPS tracker in the delivery vehicle: monitoring is easier than ever, and so is getting it wrong. The Data Protection Act 2019 applies to employee personal data like any other, and it reshapes what employers may collect, watch and keep. Setting the framework early avoids most … Read more
Money has changed hands, the boundaries were shown on the ground, and everyone shook hands on the deal. Years later the seller denies the sale, or offers the same land to someone else. Oral land sale agreements remain common in parts of Kenya, and buyers and sellers regularly ask whether a deal concluded without a … Read more
An overseas company that has won Kenyan work does not need to build a new company from nothing. It can register itself in Kenya as a foreign company under the Companies Act 2015 and trade here through its existing legal identity. What documents and particulars are required? The registrar expects a compact but specific file, … Read more
A knock at the door, officers producing authority, rooms being walked through, searches of private premises are among the more unsettling encounters with the criminal justice system. Kenyan law permits searches, but it regulates how they are carried out, and knowing the framework helps a person respond lawfully and calmly while preserving their position. When … Read more
Before an advocate starts work, you should receive an engagement letter. It is the contract for the service itself, and reading it carefully, before signing, prevents most fee and scope disputes that clients bring to us. Why does an engagement letter matter? The letter defines what the advocate is being asked to do, at what … Read more
Mediation is voluntary, so no one can be forced to settle. Parties sometimes hold back for fear that a failed mediation wastes money or hands the other side ammunition. Kenyan practice is built to prevent both outcomes, and knowing what happens after an unsuccessful session makes it easier to engage openly while it is running. … Read more
Admission to a Kenyan university, college or training institution is step one. Step two is the student pass, the authorisation that allows a foreign national to reside in Kenya for the duration of their studies. Families abroad often plan the first step carefully and the second hardly at all, which is where most difficulties arise. … Read more
Work done should be paid for, and Kenyan law gives employees practical routes to recover unpaid salary, leave pay and other dues. The routes differ in cost and speed, and choosing sensibly starts with the paperwork you can produce. This guide sets out the options in order. How do you recover unpaid salary in Kenya? … Read more
A distributor has begun selling reserved stock to a competitor, or a departing director is moving client files. Waiting for a full trial may take a year or more, interlocutory injunctions exist for this window. What tests does the court apply? Kenyan courts apply the principles settled in Giella v Cassman Brown. An applicant must … Read more
Flights are expensive and leave is short. A power of attorney lets a trusted person sign for you in Kenya while you stay abroad, but only if it is drafted and authenticated correctly. What is a power of attorney and when is one useful? A power of attorney is a document by which you, the … Read more
You are writing a will and must name the person who will one day wind up your affairs. It is a decision many testators make in five minutes and think about for years, usually when the estate proves harder to settle than expected. What does an executor do in Kenya? An executor is the person … Read more
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