Practical analysis of Kenyan commercial law from CS Advocates LLP, litigation, conveyancing, mediation, governance, and infrastructure.
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A supply agreement expires badly, and one party notices a clause neither of them dwelt on at signing: disputes are to be referred to arbitration in Nairobi. The clause now controls how the disagreement will be resolved. Businesses served with a notice to arbitrate, or considering serving one, should understand the path ahead before positions … Read more
Three months after the funeral, the family discovers that the bank will not release the account and the lands registry will not transfer the plot without a court order. The plot was bought in the nineties; the account has been frozen since the death. Where there is no will, both problems have the same answer: … Read more
The Employment and Labour Relations Court (ELRC) exists for exactly these disputes, and its process is structured rather than mysterious. Knowing the stages, the time limits and the remedies available helps you decide early whether to pursue a claim and how to prepare for it. When is a dismissal unfair under Kenyan law? A termination … Read more
A trader registering a first venture faces a fork in the road: a registered business name, or a limited company. The right answer depends less on cost than on where the business is heading. What is the legal difference? A business name is registered under the Registration of Business Names Act (kenyalaw.org) and is a … Read more
Legal fees in Kenya are more predictable than most clients expect. Certain fees are set by regulation, and the rest should be agreed in writing before any work begins. Knowing how each structure works helps you compare quotes and budget with confidence. How are advocate’s fees structured in Kenya? Fixed fees, common for defined transactions … Read more
Two questions matter to most parties in a dispute before anything else: what will this cost, and how long will it take? Mediation answers the second with unusual certainty, because the timetable belongs to the parties and the mediator rather than to a court list. The ranges depend on the type of dispute, but the … Read more
A will that fails on formalities can be as bad as no will at all, the family ends up in the intestacy queue anyway. Kenya’s requirements are not onerous, but they are strict, and they are applied. What makes a will valid in Kenya? The Law of Succession Act (Cap 160) prescribes the formalities. In … Read more
Fingerprints, facial images and voice recordings identify a person as nothing else can, and Kenyan law treats them accordingly. Biometric data falls within the sensitive category under the Data Protection Act 2019, and organisations that collect it, from schools running attendance systems to fintechs verifying customers, must meet a higher standard than for ordinary records. … Read more
Few tasks in managing people are as delicate as discipline. Handled well, it corrects conduct and protects the team. Handled badly, it hands the employee a strong case at the Employment and Labour Relations Court. The difference usually lies in the process, not the outcome. What does a lawful disciplinary process involve? Before any sanction, … Read more
You have saved for years, the family has found a plot, and you are three flights away. Kenyan law allows you to buy while living abroad, the obstacle is usually paperwork done casually, not distance. Can I buy land in Kenya while living abroad? Yes. Kenyan citizens in the diaspora can buy and register land … Read more
When someone is detained, the first question families ask is how to have them home while the case continues. The answer depends on the stage the case has reached, and the words used, police bail, court bail, bond, mean different things. What is police bail? Police bail arises before a charge is taken to court. … Read more
You have budgeted for the purchase price, only to discover that the money leaving your account is noticeably larger. Stamp duty, legal fees, registration charges and clearance certificates all sit between an accepted offer and a registered title, and they are worth understanding before you sign anything. How much does conveyancing cost in Nairobi? Advocates’ … Read more
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