Practical analysis of Kenyan commercial law from CS Advocates LLP, litigation, conveyancing, mediation, governance, and infrastructure.
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Six months after the funeral, the family is still assembling documents and asking the question every succession family asks: how long will this take, and what will it cost? Which court handles succession causes in Nairobi? Succession causes are filed in the court with jurisdiction over the estate. In Nairobi that is commonly the Family … Read more
Business owners often spend decades building a company and surprisingly little time deciding what happens if they die or lose capacity tomorrow. A trust can hold the shares, keep decision-making continuous, and turn an informal family understanding into an enforceable plan. How does a trust hold business shares? The owner settles the shares into a … Read more
Digital credit grew in Kenya faster than its compliance did, and data protection became the flashpoint: lending apps that harvested phone contacts, listed borrowers publicly, or pressed guarantors through messaging have all faced the consequences. For fintech teams building on that market today, the Data Protection Act 2019 is not an afterthought, it is part … Read more
A signed agreement is only as valuable as your willingness and ability to enforce it. One of the most common calls to our Nairobi office starts the same way: “We think we have a claim, but is it too late?” What is the statute of limitations for a contract claim in Kenya? Under the Limitation … Read more
You bought the plots, finished the rentals and the family is settled abroad. The unfinished question is what happens to those assets if you are not there to manage them. Succession planning answers it in advance. What happens to Kenyan property when an owner abroad dies? Kenyan assets pass under the Law of Succession Act … Read more
When a supply arrangement, service agreement, or construction contract goes wrong, the instinct is to reach for the dispute clause. Before the formal letters begin, it is worth considering what mediation can achieve in ordinary commercial disputes, and how often it achieves it. Which contract disputes suit mediation? Nearly all of them: price adjustments, delivery … Read more
Mineral prices move in cycles, and a deposit that is profitable at one price can be unmineable at another. Kenyan law answers this problem with the retention licence, which lets a holder who has proved a deposit keep tenure while markets catch up. This note explains how retention works under the Mining Act 2016 and … Read more
Your HR platform is hosted in Europe. Your customer support runs from India. Your backups sit in a data centre abroad. Each of these ordinary arrangements may involve moving personal data out of Kenya, and that is where the rules begin. Can personal data be transferred outside Kenya? Yes, but not freely. The Data Protection … Read more
A buyer is posted abroad for three years and wants to purchase a house in Nairobi before returning. A seller’s parent, who owns the family land, can no longer travel to sign. In both situations the transaction proceeds through a power of attorney, an instrument that allows one person to act for another, and its … Read more
Not every venture belongs in a limited company. Charitable objects, professional partnerships and family wealth each have their own Kenyan vehicle, with different registries, different regulators and different obligations. When is an NGO the right vehicle? Organisations with public benefit objects, charitable, educational or welfare purposes rather than profit distribution, have traditionally registered under the … Read more
How should a construction dispute be prepared for 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 Employers, contractors, consultants and developers facing delay, payment … Read more
The will deals with the house and the shamba. But a good part of many families’ security sits elsewhere: a group life policy through the employer, a pension with a nomination form signed a decade ago, an individual policy nobody has reread since. Do life insurance and pension benefits pass under a will? Often they … Read more
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