Practical analysis of Kenyan commercial law from CS Advocates LLP, litigation, conveyancing, mediation, governance, and infrastructure.
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Lenders can no longer rely solely on land titles. Since the Movable Property Security Rights Act 2017 (MPSRA), Kenyan borrowers can pledge stock, equipment, receivables, and even intellectual property as collateral, provided the security right is properly created, registered, and enforced. What is a security right under the MPSRA? A security right is a property … Read more
A parent has passed away in Nairobi, and amid the funeral arrangements a practical question keeps surfacing: how does the family lawfully deal with the bank account, the house in Buru Buru and the shamba upcountry? Everything begins with two things, the death certificate and, later, a court grant. How do you obtain a death … Read more
An arrest is disorienting even for people who have done nothing wrong. The Constitution of Kenya 2010 gives every arrested person specific rights, and knowing them helps you protect yourself and the people who will come looking for you. What rights do you have when arrested in Kenya? Article 49 of the Constitution sets out … Read more
Registering a company in Kenya no longer means queues and paper files. The process runs online through eCitizen and the Business Registration Service, and most of the work is preparing the right particulars before you start. What are the steps to register a limited company? Create an eCitizen account and access the Business Registration Service … Read more
Losing a job without warning is disorienting, and the first few days matter more than they feel like they do. What you do about documents, deadlines and communications in that window shapes what can later be recovered. Here is where the law stands and where to start. When is a termination wrongful in Kenya? The … Read more
You have agreed a price for an apartment in Kilimani or a plot on the outskirts of Nairobi, and the seller is asking when you can sign. Before any money changes hands, it helps to understand the sequence of steps that carries a transaction from offer to a title registered in your name. What is … Read more
Kenya’s geology rewards attention. Gold in the west, gemstones in Taita Taveta, titanium along the coast and limestone across the Rift Valley have all drawn serious investor interest. Whatever the commodity, one statute sets the rules of engagement: the Mining Act 2016. This overview explains the framework that governs mining law in Kenya today. What … Read more
When a commercial disagreement or a property row will not resolve itself, going to court is not the only route. Mediation offers a structured, private way for parties to settle their differences with the help of a neutral third party. This article explains what mediation involves in Kenya, who mediates, and what to expect from … Read more
Many people meet the word “trust” in conversation about family land, a late parent’s estate, or shares in a family company. In Kenyan law, a trust is a practical and flexible arrangement, and understanding the basics helps you decide whether one fits your situation. What is a trust under Kenyan law? A trust exists when … Read more
A customer has stopped paying, a joint venture has broken down, and correspondence has achieved nothing. Sooner or later the question becomes practical: how does a commercial suit actually begin in the High Court at Milimani? Where should a commercial dispute be filed? The High Court has unlimited original jurisdiction in civil matters, and much … Read more
Taking on your first employees is a milestone for any business. It also marks the point where employment law applies to you in full. The duties are manageable if you prepare for them early, and this checklist sets out the contracts, registrations and records that put a first hire on a proper footing. What should … Read more
You have been offered a role in Nairobi, or you are planning to build a business here, and the first question is legal: what permission do you need to live and work in Kenya? What is a work permit in Kenya? Under the Kenya Citizenship and Immigration Act 2011 and the Kenya Citizens and Foreign … Read more
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