Practical analysis of Kenyan commercial law from CS Advocates LLP, litigation, conveyancing, mediation, governance, and infrastructure.
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When a person dies without a will, the court is still involved. The document that authorises the family to collect, settle and distribute the estate is a grant of letters of administration, and obtaining one is the practical task that faces the household once the burial is done. The process is structured, and understanding it … Read more
How should a business budget 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 Decision makers comparing arbitration, mediation and court proceedings. The decision … Read more
Hiring an advocate is not always possible, and some litigants choose to stand before the court themselves. Kenyan law permits that choice for individuals, and thousands of parties act in person every year, particularly in the lower courts. What self-representation demands, however, is easily underestimated. This article sets out what the law allows, what the … Read more
Kenya’s policy direction on gold and other precious metals is clear: more value should be added before minerals leave the country. For refiners, aggregators and exporters, that policy translates into permits, customs controls and records that must be right before a consignment moves. That direction of travel matters to anyone building a refining business in … Read more
You have built a life in Kenya, perhaps through a marriage to a Kenyan citizen, perhaps through years of residence and work. At some point the question stops being about permits and becomes about belonging, and the answer lies in citizenship by registration. Can I get Kenyan citizenship through marriage? Yes, in defined circumstances. Under … Read more
Traffic matters are the criminal cases most Kenyans encounter at some point, and most are resolved smoothly when the person concerned knows what to expect from the process. What counts as a traffic offence in Kenya? The Traffic Act and related road rules cover a wide range of conduct, including speeding, driving under the influence … Read more
A SaaS subscription looks light: click, pay, log in. Underneath sits a contract that decides who owns the data, who fixes failures and what happens on termination. Reading it before renewal is worth the hour. Which law governs software and SaaS agreements in Kenya? Software licensing and SaaS arrangements are contracts, so the Law of … Read more
The payslip arrives, and the net figure is smaller than the salary you agreed. Some of the difference is lawful and expected; some of it deserves a question. Knowing what each line means is the first step to checking that your pay is being handled correctly. What must appear on a payslip in Kenya? The … Read more
Two families set up trusts in the same month. One names each child’s exact share; the other leaves the trustees discretion to decide who receives what, and when. Both are valid Kenyan trusts, the difference is who controls the outcomes, and that choice deserves thought. What is a fixed trust? In a fixed trust, the … Read more
A business owner in Westlands wants her children to inherit the family companies and the Karen home without the family spending years in the succession registry. She has heard of family trusts, but how do they differ from a will? What is a family trust? A family trust is an arrangement in which trustees hold … Read more
The court has ordered a company to stop using a supplier’s name, or to deliver up documents, or to release an interim amount. Months pass and nothing changes. A court order is only as effective as the consequences that follow disobedience, and the law on contempt supplies those consequences for commercial litigants on both sides … Read more
The certificate of incorporation arrives quickly. What new directors sometimes underestimate is the second register: the tax, social security and county obligations that must be in place before a company can lawfully employ staff and trade. Which registrations come first? The company’s KRA PIN is the anchor. It is issued through the Kenya Revenue Authority’s … Read more
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