Practical analysis of Kenyan commercial law from CS Advocates LLP, litigation, conveyancing, mediation, governance, and infrastructure.
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Payroll looks simple until the statutory lines are counted. Employers in Kenya deduct and remit several contributions and taxes each month, and each has its own law, deadline and enforcement agency. Deductions missed are rarely small by the time they surface. This guide outlines the three that apply to nearly every payroll: NSSF, SHIF and … Read more
Your marketing team wants to send ten thousand promotional SMS messages tonight. Before the send button is pressed, Kenyan law asks a simple question: what right do you have to message these people? Do you need consent to send marketing messages in Kenya? Direct marketing is processing, and the Data Protection Act 2019 applies to … Read more
Few letters unsettle a business like a notice of assessment from the Kenya Revenue Authority. The instinct is to dispute, and Kenyan tax law provides a defined path for doing so, objection, appeal, and increasingly, alternative dispute resolution. Used well, ADR resolves disagreements with KRA on the record, in a structured setting, without conceding the … Read more
What evidence should a party prepare for commercial 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 Parties preparing a claim, defence or hearing bundle. … Read more
Much of life now happens on phones, servers, and payment platforms, so it is unsurprising that many criminal allegations now involve computers, from disputed logins to messages posted online. The law in this area is comparatively young, and its technical nature raises questions that ordinary criminal practice does not. What does the Computer Misuse and … Read more
You are bringing capital, a project or a company into Kenya. Immigration is one of the first gates the investment passes through, and getting the sequence right saves months of avoidable delay later. What should foreign investors sort out before travelling to Kenya? entry authorisation: check the current visa and electronic travel authorisation requirements for … Read more
The grant of letters of administration has been confirmed, and the family assumes the land is now theirs. Legally, the estate must still be transmitted, the grant is the key, but each asset has its own lock. What is confirmation of a grant? After a grant issues, the administrators apply to the court for confirmation, … Read more
No mining project in Kenya proceeds on a mineral right alone. Environmental clearance is a condition of doing business, and the obligations begin before excavation and continue long after closure. Regulators, lenders and communities all end up reading the same compliance file. This note summarises the environmental framework, NEMA, environmental impact assessment and mine closure … Read more
Profits earned in Kenya are meant to leave Kenya eventually, that is the point of investing. Moving money out works smoothly when the tax and banking steps are done in the right order, and awkwardly when they are not. Can investment proceeds be sent out of Kenya? Yes, subject to tax compliance and the documentation … Read more
Parents saving for school fees, or leaving property to young children, face the same question: who holds and manages the property until the child is grown? A trust answers that question in a way that is enforceable and transparent. Why can’t a child simply own property directly? Minors cannot enter into contracts in their own … Read more
The buyer’s advocate has asked the seller to bring his wife to sign a consent form, and the seller is offended, the land is registered in his name alone. Under Kenyan law, that consent may be exactly what protects the transaction from a later challenge. When is spousal consent required for a transfer? Where the … Read more
Banks ask for a formidable amount of paper before opening a corporate account, and the list is not arbitrary. It is driven by anti-money laundering law and each bank’s own diligence standards. What documents do Kenyan banks usually require? Certificate of incorporation and the company’s memorandum and articles, or constitution. A current company search, in … Read more
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