Practical analysis of Kenyan commercial law from CS Advocates LLP, litigation, conveyancing, mediation, governance, and infrastructure.
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The transfer has been signed, the seller is pressing for lodgement, and the documents cannot be registered until stamp duty is assessed and paid. Stamp duty is a frequent point of delay, and of avoidable expense, in Kenyan property transactions. What is stamp duty and when is it payable? Stamp duty is a tax on … Read more
Royalties are the price of extraction, and they sit at the centre of every mining project’s financial model in Kenya. They are also a frequent source of difficulty, from unclear declarations to disputes over production records, which makes the rules worth understanding before a licence is applied for rather than after the first shipment leaves … Read more
Genuine business pressures sometimes require a reduction in staff. Kenyan law does not prevent retrenchment, but it prescribes a sequence, and employers who skip steps routinely find themselves defending claims at the Employment and Labour Relations Court. The procedure under the Employment Act 2007 is summarised below. What steps must an employer follow before declaring … Read more
Losing confidence in the person managing your legal matter is unsettling, particularly mid-case. The position is simpler than most clients fear: an advocate acts for you at your invitation, and you may end that arrangement and appoint another advocate, subject to a few professional formalities. Can you change advocates before a matter ends? Yes. The … Read more
A first appearance in court moves quickly, and many accused persons later say they did not fully understand what was happening. Knowing the sequence in advance makes the occasion less intimidating and helps you make sound decisions on the day. What happens when a charge is read to you? The charge is read out and … Read more
One worry stops parties from mediating: what if the other side signs the settlement and then ignores it? The short answer is that a properly concluded mediated settlement agreement binds the parties, and the courts give it teeth. Understanding how enforcement works also changes how you negotiate, because terms that look generous but cannot be … Read more
Registering a trust in Kenya follows a defined sequence. Knowing the steps in advance saves months of back-and-forth between registries and reduces the risk of objections later. What are the steps to register a trust in Kenya? Prepare and execute the trust instrument (commonly a trust deed), setting out the trust’s name, objects, trustees, beneficiaries, … Read more
Kenya’s apartment market has grown faster than its property law evolved, until the Sectional Properties Act 2020 came into force. The Act replaced the old long-term-sublease structure with true sectional titles, giving apartment buyers a registerable freehold or long-term-leasehold interest in their unit and a shared interest in common property. What changed under the Sectional … Read more
Vendors, clients and regulators all ask whether your organisation is a data controller or a data processor. The answer shapes who must register, who answers complaints and how your contracts should be drafted, and the two roles are often confused. What is the difference between a controller and a processor? A data controller decides why … Read more
Not every investor needs the same mineral right. The Mining Act 2016 offers a ladder of licences that correspond to the stage a project has reached, from the first desktop study to full production. Choosing the wrong rung wastes time and money, so this note compares reconnaissance, prospecting and mining licences in Kenya and suggests … Read more
Your permit is nearly in hand, and the next question comes from home: can your spouse and children come with you? For most families relocating to Kenya, the answer is a dependent pass, a straightforward document, provided it is handled on the right cycle. How do I get a dependent pass in Kenya? A dependent … Read more
A title search returns an unexpected entry: a caveat registered against the parcel. The sale is weeks from completion, the deposit is paid, and neither side wants the transaction to stall. Caveats appear regularly in Kenyan conveyancing, and most have an explanation. What matters is establishing early who lodged the caveat, on what basis, and … Read more
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