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CELEBRATING EXCELLENCE AT HMS AFRICA ⚖️

CELEBRATING EXCELLENCE AT HMS AFRICA ⚖ We are proud to celebrate the outstanding achievements of our colleagues and their recognition among some of Kenya’s leading legal professionals. Njeri Waitimu — Managing PartnerRecognized in the Hall of Fame – Commercial Lawyers in Kenya, 2026 Nuru Said — Senior PartnerRecognized in the Hall of Fame – Commercial …

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SUSTAINABLE FINANCE: GOVERNANCE PILLAR

SUSTAINABLE FINANCE: GOVERNANCE PILLAR Article by Njeri Waitimu For legal assistance or inquiries regarding employment, labour relations, outsourcing arrangements, trade union matters, or other workplace-related issues, please contact HMS Africa Advocates LLP via email at [email protected]. The contents of this article are intended for general information only and should not be construed as legal advice.

Outsourced Workers and the Right to Join Trade Unions: The Impact of the Rea Vipingo Decision

Outsourced Workers and the Right to Join Trade Unions: The Impact of the Rea Vipingo Decision The question of whether outsourced workers can lawfully join trade unions has long been a contentious issue within Kenya’s labour market. As businesses increasingly rely on outsourcing arrangements to improve operational efficiency and reduce employment costs, concerns have emerged …

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Kenya’s Changing Immigration Landscape: Regulatory Reforms and the Institutional Framework Governing Immigration

Kenya’s Changing Immigration Landscape: Regulatory Reforms and the Institutional Framework Governing Immigration Immigration plays a significant role in Kenya’s economic development, national security, regional integration and international relations. As a strategic gateway to East Africa, Kenya attracts investors, expatriates, tourists, students, refugees and skilled professionals from across the world. This has necessitated a comprehensive legal …

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Outsourcing Labour in Kenya: Understanding the Legal Framework, Benefits and Compliance Requirements

Outsourcing Labour in Kenya: Understanding the Legal Framework, Benefits and Compliance Requirements Labour in Kenya is governed by several key legal instruments, beginning with the Constitution of Kenya 2010 as the primary legal framework. In addition to the Constitution, the following statutes are essential to understanding the labour law landscape in Kenya:: The Employment Act, …

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Beyond Wills: Why Trusts Are Becoming an Essential Estate Planning Tool in Kenya

Beyond Wills: Why Trusts Are Becoming an Essential Estate Planning Tool in Kenya For decades, estate planning in Kenya has largely been associated with writing a will. However, cultural hesitations around discussing death often leave many families without a clear plan for the future. The result can be delays in administering estates, family disputes, and …

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Understanding the Legal Implications of Terminating a Fixed Term Commercial Lease

Understanding the Legal Implications of Terminating a Fixed Term Commercial Lease It goes without saying that lease agreements are pertinent legal documents for entities running commercial businesses. The understanding or otherwise of the terms therein bears significant legal and financial opportunities and risks to both the landlord and the tenant. However, precedence will show that …

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The Teleposta Question and the Future of Secured Lending in Kenya

The Teleposta Question and the Future of Secured Lending in Kenya Introduction The pending Supreme Court appeal in Teleposta Pension Scheme Trustees Registered matter will become one of the most consequential decisions in the banking sector. At its core lies a fundamental question: can a purchaser acquire a valid title through a chargee’s statutory power …

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Why Are Riparian Lands Under Scrutiny?

Why Are Riparian Lands Under Scrutiny? In the recent months, Nairobi has witnessed a series of high-profile demolitions and enforcement actions targeting developments alleged to have encroached on riparian reserves. These actions have sparked widespread public debate, particularly among land owners, developers, business owners and communities affected by these actions. While these developments may suggest …

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A Toolkit for Customers on Accessing Financial Services in Kenya

Financial service providers such as banks, SACCOS and other institutions offer customers products and services that empower them to manage and grow their financial resources. As part of our Initiative to raise Financial awareness during Global Money Week, 2024 we have summarised some of the matters Customers should consider when accessing financial services: 1. Tarrifs …

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