Legal insights
Notes on Kenyan
commercial law.
Practical legal analysis for businesses, investors, and institutions operating in Kenya.
Terminating for Poor Performance in Kenya
Poor performance rarely arrives unannounced. Missed targets, repeated errors and unmet deadlines leave a trail, and the employer's response to that trail decides whether…
Read the noteContractor or Employee? Misclassification
Engaging someone as an independent contractor can suit both sides: flexibility for the worker, agility for the business. The label in the agreement, however,…
Read the noteMining Disputes: Arbitration and Mediation
Mining is a long game played through contracts and licences, and disagreement is inevitable: with partners, contractors, communities or the regulator. How a disagreement…
Read the noteArtisanal and Small-Scale Mining Permits
Artisanal and small-scale mining supports many households across Kenya, from gold panning in the west to gemstone digging in the south-east. The Mining Act…
Read the noteHow to Get a Mining Licence in Kenya
Applicants often ask how to get a mining licence in Kenya and what actually happens between submitting papers and holding a granted right. The…
Read the noteHow Long Does a Court Case Take in Kenya?
"How long will my case take?" is usually the first question a prospective litigant asks, and the honest answer is that it depends. Kenyan…
Read the noteAffidavits and Notarisation in Kenya
Banks, courts, registries, and embassies routinely ask for "sworn" or "notarised" documents, often at short notice. The two terms mean different things, and using…
Read the noteHow to Choose a Lawyer in Nairobi
People usually choose a lawyer in a hurry. A contract must be signed this week, land is about to change hands, or a dispute…
Read the noteWhat Happens at a Plea Hearing in Kenya
A first appearance in court moves quickly, and many accused persons later say they did not fully understand what was happening. Knowing the sequence…
Read the noteCan a Trust Be Amended or Revoked in Kenya?
A trust is often described as permanent, and permanence is part of its appeal — creditors and claimants cannot simply unwind it, and the…
Read the noteTrusts in Business Succession Planning in Kenya
Business owners often spend decades building a company and surprisingly little time deciding what happens if they die or lose capacity tomorrow. A trust…
Read the noteEstate Planning for Business Owners in Nairobi
For many Nairobi business owners, the company is the estate. Yet succession is the item most likely to be missing from an otherwise careful…
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