Practical analysis of Kenyan commercial law from CS Advocates LLP, litigation, conveyancing, mediation, governance, and infrastructure.
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The will in the drawer was signed in 2014. Since then: a marriage, two children, a house purchase and a business that tripled in size. Whether it still does its job is a question worth asking now, before someone else has to ask it for you. When should you update your will in Kenya? marriage … Read more
Key legal and practical checks before committing to a property purchase in Nairobi or elsewhere in Kenya.
‘Send the money, I will handle everything’, and six months later there is nothing to show. Diaspora clients rarely lose property to strangers; losses come through informal agency arrangements with people they knew. Why do diaspora buyers lose money to agents? Because the arrangement was never written down. Money goes to personal accounts, authority to … Read more
Completion is a week away, and the buyer’s advocate has asked for a rates clearance certificate and a rent clearance certificate. Neither side is quite sure what the documents do, but without them the transfer cannot pass cleanly through the registry. They are routine documents, and routine documents deserve a moment of attention. What is … Read more
A practical guide to choosing arbitration, mediation or court proceedings for a commercial dispute in Kenya.
Kenyan parties can mediate in two settings: privately, on their own initiative, or through Private Mediation after a case is filed. Neither route is inherently the better one. Each fits different situations, and the differences are mostly practical, so it helps to understand the mechanics of both before choosing deliberately rather than by default. What … Read more
Mining is a long game played through contracts and licences, and disagreement is inevitable: with partners, contractors, communities or the regulator. How a disagreement is resolved matters as much as the outcome, because a mine cannot pause for years of litigation. Investors who plan the machinery of resolution early spend less time in conflict later. … Read more
A ransom note on the screen. Systems down. Phones ringing. What a business does in the first day of a cyber incident shapes its legal position for months afterwards, and panic is not a plan. What should the first hours of a cyber incident look like? Isolate affected systems to stop the spread, but preserve … Read more
People who were arrested and later released without charge, or who were acquitted, are often surprised to find that the record of the arrest can surface in background checks years later. Kenya does not currently have a broad statutory expungement system, so it helps to know what the records are and what can realistically be … Read more
A new offer arrives, and your old contract contains a clause restricting you from joining a competitor. Whether that clause can actually stop you depends on its wording and on reasonableness, not on the clause simply existing. This guide explains how Kenyan law treats restraint of trade. What is a restraint of trade clause? It … Read more
Can shareholder or joint-venture disputes be resolved through arbitration in Kenya? This guide explains the practical questions to resolve early. It gives general information about Kenyan commercial arbitration and is not a substitute for advice on a particular contract, dispute or deadline. Who this guide is for Founders, investors and company directors facing a governance … Read more
The form is online now, not on paper. Kenya’s immigration services have moved largely onto eCitizen, and while that is convenient, the online process rewards applicants who prepare properly and punishes those who rush the details. Which immigration services can be accessed on eCitizen? Applications administered by the Department of Immigration Services, passports, permits and … Read more
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