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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 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? 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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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 …

A Toolkit for Customers on Accessing Financial Services in Kenya Read More »

The Computer Misuse and Cybercrimes Act, 2018 has provided for provisions that seek to protect consumers for erroneous transactions made and states the implications for failure by the receipient to refund the said payment to the beneficiaries. It provides various offenses relating to computer systems with the objective of enabling timely and effective, prevention, detection, …

The Legal Implications of Failing To Reverse Erroneously Remitted Mobile Money Transactions Read More »

The Digitalization of Financial Services is an undeniable force shaping the future of financial platforms. The ability to perform transactions, check balances, access loans and invest on an online platform has revolutionized the way in which we interact with money. The Paramount concern surrounding digital financial services is the vulnerability of the user data to …

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As part of our initiative to raise financial awareness during the Global Money Week, 2024, we have highlighted the key aspects of the Movable Property Security Rights Act (MPSR), 2017.  The Movable Property Security Rights Act (MPSR), 2017 is considered the most significant statute to impact the use of movable security in Kenya. The objective of …

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The Climate Change (Amendment) Act, 2023 was enacted on 1st September 2023 and came into force on 15th September 2023. The Act entrenches the need for Carbon Projects to specify the anticipated environmental, economic and social benefits of the project and outlines key considerations for existing and proposed carbon credit projects and Carbon Trading.  Carbon Credits …

Legal Implications of Carbon Credits in Kenya? Read More »

The Extension and Renewal of Leases is governed by the Land (Extension and Renewal of Leases) Rules, 20l7.  Extension of Lease means the extension of the term of an existing Lease from the original issued term and is done during the subsistence of the lease. Whereas Renewal of Lease refers to grant of a new lease on the same …

Guidelines for Extension and Renewal of Leases in Kenya Read More »

Co-tenancy means the Ownership of Land by two or more persons in undivided shares and includes Joint Tenancy or Tenancy in Common. 1. Joint Tenancy Joint tenancy is defined in Section 2 of the Land Act 2012. It is a form of ownership by two or more persons of the same property. The individuals share equal ownership …

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