The Energy Act, Cap 314 Laws of Kenya (Act) is the primary legislation that provides the legal framework for the energy, electricity and petroleum sectors in Kenya. The Act also establishes the Energy and Petroleum Regulatory Authority (EPRA), which regulates renewable energy, electricity and petroleum undertakings in Kenya. In addition [...]

Introduction Permanent residency in Kenya is a legal immigration status granted under section 37 of the Kenya Citizenship and Immigration Act, 2011, read together with section 19 of the Kenya Citizenship and Immigration Regulations, 2012. There are several categories under which permanent residence may be granted. This article focuses on [...]

Generally, Kenya is a country that values family unit and for expatriates, foreign investors, diplomats and any other category of a foreign national who is in possession of valid residence status who wish to bring their elderly parent(s) to live with them in Kenya. 1. Introduction Generally, Kenya is a country [...]

Introduction This article delves deeper into the eligibility of non-biological parents for the KDP, the requirements, and the necessary steps to secure the said pass. Categories of non-biological parents who are eligible for a Kenya Dependant’s Pass (KDP)? The following categories of non-biological parents may qualify for a Kenya Dependant’s [...]

Probationary contracts are a common feature in employment relationships, especially during the initial phase of engagement. Probationary periods allow employers to assess a new employee’s suitability for a role. In Kenya, these contracts are governed by the Employment Act, 2007. Section 2 of the Employment Act (the Act) defines probationary [...]

Introduction In recent legal developments, the Court of Appeal in Nakuru, Kenya, in the case of BM Security Limited v Joseph Macharia and one other [2025] has clarified the boundaries of employer liability concerning the personal actions of employees. The judgment reinforces the principle that employers are not automatically liable [...]

INTRODUCTION Casual employment plays a crucial role in Kenya’s labour market, providing businesses with a flexible workforce while offering job opportunities to many workers. However, hiring casual workers comes with various risks and legal implications, particularly concerning tax compliance and labour rights, especially when engagements extend beyond the legally defined [...]

Imagine a local construction company is awarded a government contract for road construction. To execute the project, it forms a subsidiary company which handles procurement and subcontracting. Over time, the subsidiary accumulates substantial debts to suppliers and workers, then becomes insolvent. The affected parties seek compensation, but the subsidiary lacks [...]

Introduction Multinational corporations often grapple with the decision whether to establish branches or subsidiaries when expanding their businesses to foreign jurisdictions. This decision bears significant legal implications, particularly in how entities are taxed, their legal liabilities, and their operational freedoms. The Kenyan legal framework provides a distinctive treatment for branches [...]