The Kenya Marriage Act (2014) provides for settlement agreements during divorce and separation proceedings. While parties cannot collude to present a divorce petition (prohibited under Rule 6 of the Marriage Act Rules 2020), the Marriage Act allows parties to enter into an agreement on spousal maintenance and the Matrimonial Property Act [...]
Introduction to Contracts and their Formalities The formalities of a contract under traditional contract law are well understood – the ingredients being: Subsequent to this, depending on the type of contract, the document may need to be registered and the requisite stamp duty (if any) paid; and thereafter the original [...]
The concept of sectional titles in Kenya was crafted in the 1980s following concerted efforts by the Law Society of Kenya, the Land Review Commission, and the Ministry of Lands and Settlement to introduce titled ownership for flats, apartments, and townhouses which were becoming increasingly predominant in the country. This push culminated in the [...]
A birth certificate is more than just a piece of paper; it is a key to identity, rights, and responsibilities. But what happens when the name of a parent on that crucial document needs to be added, altered, or removed? Whether due to evolving family dynamics, new revelations about parentage, [...]
Section 683 of the Companies Act, 2015, read together with sections 686, 687, 688 and 689 of the Companies Act, requires companies to lodge financial statements for each financial year with the Registrar of Companies (Registrar). At a glance As part of good corporate governance, it is essential that companies [...]
In a landmark ruling in KCB Bank Kenya Limited v Commissioner Legal Services & BoardCo-ordination (Tax Appeal E023 of 2024) [2025], the Tax Appeals Tribunal (Tribunal) held that value-added tax (VAT) is chargeable on the disposal of seized assets, including the sale of motor vehicles through auctions by a bank to recover [...]
At a glance • Kenya is among the leading nations in Africa for cryptocurrency adoption, and thousands of people are investing in these new financial instruments. • However, with this rapid growth comes significant risk. An increasing number of investors have fallen victim to pump-and-dump schemes, where fraudsters manipulate market [...]
In a landmark decision in Kenya Revenue Authority v Ndegwa [2025] KECA 510 (KLR) (David Ndegwa Case) the Court of Appeal has clarified the application of value-added tax (VAT) to commercial property transactions. At a glance Section 5 and Paragraph 8 of Part II of the First Schedule of the VAT Act [...]
Trademark infringement is not just a legal technicality, it is a real-world threat to business integrity, consumer trust and the economic value of your brand. Under the Trademarks Act (Cap 506), a trademark violation occurs when a person, without authorization, uses a trademark that is identical or confusingly similar to [...]
In today’s fast-paced digital world, mobile applications (“mobile apps”) are the heartbeat of Kenya’s booming digital economy. From M-Pesa revolutionizing mobile money to Jumia transforming e-commerce, apps have become indispensable tools for businesses and consumers. However, with great innovation comes great risk. As mobile apps become more lucrative, cases of [...]