Practical analysis of Kenyan commercial law from CS Advocates LLP, litigation, conveyancing, mediation, governance, and infrastructure.
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Most of Kenya’s promising ground sits under or beside communities. Under the Mining Act 2016 and the Community Land Act 2016, communities are not bystanders: consent, consultation and benefit-sharing are built into the project cycle. Handled well, these obligations build the standing that keeps a mine working; handled badly, they stop it. This note explains … Read more
A social media post, a newspaper column, or a heated public meeting can end in a courtroom. Defamation in Kenya has both criminal and civil dimensions, though the two have developed very differently in recent years. What counts as defamation? Defamation concerns statements communicated to third parties that lower a person’s reputation in the estimation … Read more
A seller agrees on a price, the buyer’s advocate sends the completion checklist, and one line reads: capital gains tax. Many sellers meet the tax for the first time at the point of sale, when the timetable allows little room for surprises. Understanding what the tax covers, and when it falls due, helps sellers plan … Read more
Private mediation lets parties choose a neutral mediator and negotiate a practical settlement before a dispute becomes more expensive or disruptive. It is a voluntary process designed around the parties, their timetable and the commercial or family relationship they want to preserve. When private mediation is useful It can suit contract, shareholder, property, insurance, family-business … Read more
Deal done on a handshake, is it binding in Kenya? The question arises whenever a verbal agreement sours or the terms are disputed. The law’s answer is nuanced: most oral contracts are valid, but some transactions must be in writing, and practical enforceability argues for writing in almost every commercial setting. Must contracts be in … Read more
An email arrives from a customer: “send me everything you hold about me.” Data subject access requests are among the most common exercises of rights under the Data Protection Act 2019, and among the most mishandled, not from obstruction, but because no process is ready when the request lands. What follows is what the right … Read more
In many Kenyan families the most valuable asset is land, and the most common disputes are about who really owns it and who may sell it. Trusts sit at the centre of many of those disputes, both as a solution and as a source of conflict when not documented properly. Can family land be held … Read more
Your Kenyan business has found the right candidate, and the candidate is not Kenyan. Employing a foreign national is routine, but it places specific obligations on the employer, from the first advert through to the last renewal. What must an employer do before hiring a foreign national in Kenya? Work permits under the Kenya Citizenship … Read more
A Kenyan partner knows the market; you bring capital, equipment or technology. A joint venture can combine the two, provided the structure is written down before the first shilling moves. How should a joint venture with a Kenyan partner be structured? The two usual forms are a contractual joint venture, an agreement without a new … Read more
Most Kenyan companies meet their annual return obligations only when a bank, tender or prospective buyer asks for proof of good standing, by which point penalties have accumulated and the cure takes weeks. When is the annual return due? A company with share capital must file an annual return with the Registrar of Companies within … Read more
Before most commercial disputes reach a courtroom, they pass through a demand letter. Written well, one letter can achieve what months of negotiation did not; written badly, it can concede ground or inflame a matter that was close to settlement. What does a demand letter achieve? It puts the recipient on formal notice of your … Read more
Time quietly defeats claims. A debt six years and one day old may already be unrecoverable, however strong the documents, which is why limitation periods belong in every receivables review. What are the limitation periods for common commercial claims? The Limitation of Actions Act (Cap 22) sets the clock. Actions founded on contract or tort … Read more
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