Legal Insights

Practical analysis of Kenyan commercial law from CS Advocates LLP, litigation, conveyancing, mediation, governance, and infrastructure.

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Setting Aside or Enforcing an Arbitral Award in Kenya: Key Questions

What happens after a Kenyan arbitral award is issued? 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 A successful party seeking enforcement or a party considering a … Read more

Stamp Duty in Kenya: Rates, Deadlines and Common Pitfalls

Stamp duty is one of the most commonly underestimated costs in Kenyan property transactions, and one of the few where missing a deadline creates personal liability and blocks registration. This overview covers the positions our conveyancing team most frequently clarifies for clients. What are the current stamp duty rates in Kenya? Transfers of land and … Read more

Diaspora Mortgages in Kenya: How Financing from Abroad Works

Nairobi skyline seen across the national park

You earn in dollars or pounds, but the house you want is in Nairobi or Nakuru. Diaspora mortgages exist for exactly this situation, and the paperwork rewards preparation. How do diaspora mortgages work in Kenya? Kenyan banks and mortgage finance companies lend to non-resident Kenyans against property in Kenya, with terms set by each lender. … Read more

Protecting a Surviving Spouse’s Rights in Kenya

Law library shelves

A husband of thirty years dies without a will. Within weeks, relatives are discussing who should live in the house. It is a distressingly common scenario, and Kenyan law has a good deal to say about it, mostly in favour of the surviving spouse. What rights does a surviving spouse have in Kenya? The Law … Read more

Data Retention in Kenya: How Long Can You Keep Personal Data?

Data Retention in Kenya: How Long Can You Keep Personal Data?: original technology-law illustration

Most organisations keep personal data far longer than any purpose justifies, because deleting feels risky and keeping feels safe. The Data Protection Act 2019 takes the opposite view: personal data should be retained no longer than necessary for the purpose collected, and then deleted or anonymised. A retention schedule turns that principle into something a … Read more

Power of Attorney in Kenya: Types and Registration

Nairobi skyline seen across the national park

If you will be abroad, unwell, or simply unavailable, a power of attorney allows someone you trust to act for you. Used well, it keeps transactions moving; used carelessly, it can hand away more control than intended. The document and its registration deserve care. What types of power of attorney exist in Kenya? The Power … Read more

Limestone and Gypsum Quarrying in Kenya: Legal Steps for Cement Raw Materials

Construction and property development in Nairobi

Cement plants are anchored to their raw materials. Limestone, gypsum and clay must be quarried where they lie, which makes land and licensing the two legal pillars of any cement project in Kenya. Securing that position takes longer than building the plant itself. This note sets out the steps for quarrying limestone and gypsum, from … Read more

Mediation in Banking and Debt Disputes in Kenya

Scales of justice representing dispute resolution

Debt disputes look binary: the money is owed or it is not. In practice most banking and credit disputes conceal negotiable ground: restructuring, timing, security, interest, and the cost of enforcement. Mediation is the forum where that ground is worked systematically. For businesses with several facilities at stake, one structured negotiation is usually easier to … Read more

Kenya’s Digital Nomad Pass: Working Remotely from Kenya

Kenya now offers a dedicated route for remote workers. The Digital Nomad Pass allows a foreign national whose income is earned abroad to live in Kenya while working remotely for an employer, clients or a business based outside the country. It answers a question the older permit categories were never designed for: what authorisation fits … Read more

What Are the Duties of an Executor or Administrator in Kenya?

Law library shelves

Being named executor of a will, or appointed administrator by the court, is a position of trust with real obligations attached. Representatives frequently accept the role without a clear view of what it involves, and the questions tend to arrive after the grant: what to collect, what to pay first, and to whom accounts must … Read more

Special Needs Trusts in Kenya: Providing for a Dependant with a Disability

Law library shelves

Parents of a child or adult with a disability carry a question other families do not: who will care for them when we are gone? An outright gift rarely answers it, property left outright to a person who cannot manage it is easily lost, and leaving it to a sibling “to look after” rests on … Read more

Party-and-Party Costs Under the Advocates Remuneration Order

Kenya High Court building in Nairobi

In most commercial suits the losing party is ordered to pay the winner’s costs, but not automatically at the amount the advocate has charged. Recovery is governed by the Advocates Remuneration Order. What is the difference between party-and-party and client costs? Client costs are what an advocate charges the client under their own retainer. Party-and-party … Read more

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