Practical analysis of Kenyan commercial law from CS Advocates LLP, litigation, conveyancing, mediation, governance, and infrastructure.
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Few mining ventures in Kenya are built by one party alone. Local partners bring licences, land relationships and community standing; foreign partners bring capital and technical skill. A joint venture converts that combination into a working business, if it is structured properly. The structure should be settled before the application is lodged, not after the … Read more
The old man’s shamba in Vihiga has been farmed by three of his sons for years, each on an agreed portion that was never registered. Now a road project is coming and compensation is on the table, and the family learns that on paper the land still belongs to the deceased. Why do rural land … Read more
The debtor is a company, the demand letters have gone unanswered, and the account remains unpaid. Execution may yet find no assets worth seizing. For creditors facing a company that cannot or will not pay, the Insolvency Act provides a collective remedy: a petition to wind the company up and place it under liquidation, where … Read more
The Kenyan court system is a ladder with a clear structure. Knowing which court handles which matter explains why a case starts where it does, and what the routes of appeal look like if it does not end there. Which courts exist, and what does each one handle? Magistrates’ courts, the workhorse of the system, … Read more
The parcel you want is registered in the name of a limited company, and the person negotiating with you introduces himself as a director. Before any deposit is paid, the company’s official records, not the person in front of you, determine who can actually sell. Why is buying from a company different? A company holds … Read more
Most people meet the criminal courts as witnesses rather than as accused persons or advocates. A witness’s evidence can matter enormously to a case, yet few witnesses are told what the day will look like. The sequence is straightforward once it is explained, and preparation makes the experience steadier for everyone, including the witness. How … Read more
Judicial review is the mechanism by which Kenyan courts supervise the lawfulness of decisions by public bodies, licensing authorities, county governments, professional bodies, and procurement entities. For businesses, knowing when judicial review is available (and when it is not) can determine whether a grievance has a remedy at all. What are the grounds for judicial … Read more
Construction projects concentrate money, deadlines and multiple contracts in one place, and so generate disputes at a reliable rate. The same relationships that produce the dispute also argue for resolving it without a public fight, which is why mediation has become the first resort on Kenyan construction projects. Which construction disputes suit mediation? Delays and … Read more
A recruitment tool screens out candidates. A chatbot gives a customer wrong information. A model trains on personal data gathered from the web. Kenyan businesses are already using such systems, and asking who answers when they cause loss. Is there an AI law in Kenya? Kenya does not yet have a standalone statute dedicated to … Read more
Banks, tender committees and overseas counterparties now ask companies for more than a CR12: they want to know who ultimately owns and controls the entity. The answer is supplied through beneficial ownership filings at the Business Registration Service, an obligation many companies encounter for the first time during due diligence, usually with a transaction clock … Read more
Judgment has gone against you at the High Court. The next fortnight matters more than the next argument: appellate practice in Kenya is governed by deadlines, and the first one arrives quickly. Which High Court decisions can be appealed? The Court of Appeal, established under the Judicature Act (kenyalaw.org), hears appeals from the High Court … Read more
Diaspora buyers encounter the terms freehold and leasehold in every listing and rarely receive a full explanation of the difference, yet tenure determines what you own, for how long, and what you owe each year. For buyers abroad, the distinction carries an extra layer: what tenure a non-citizen may hold at all. What is the … Read more
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