Kenya’s Class R Work Permit is a distinctive, gratis (fee-free) immigration status available exclusively to citizens of East African Community (EAC) Partner States. It is a central pillar of Kenya’s regional obligations under the EAC Common Market Protocol, promoting labour mobility, cross-border enterprise, and regional economic integration. From a broader [...]
AJS Advocates wishes to draw the attention of company directors, shareholders, investors and corporate advisors to a significant decision of the Court of Appeal in Raindrops Limited & 3 others v Joseph Munyoki Nzioka [2025] KECA 1570 (KLR), delivered at Mombasa on 3 October 2025. Background The dispute arose from allegations by a minority shareholder and [...]
We draw attention to an important clarification by the High Court of Kenya on the increasing tendency to seek compulsory DNA testing in inheritance and succession disputes. The Court has affirmed that paternity in succession matters cannot automatically be determined through forced DNA testing, particularly where the deceased’s DNA is unavailable and alternative legal [...]
Introduction In Kenya, directors of companies typically enjoy the protection of limited liability, meaning that a company’s debts are normally separate from the personal assets of its directors. However, this protection is not absolute. When a company faces financial distress or insolvency, directors can be held personally accountable for failing to [...]
By the Civil Fraud, Asset Tracing & Recovery (CFAR) Unit 1. Executive Overview Employers across Kenya and the worldwide are facing an unprecedented rise in employee-driven fraud, internal theft, asset misappropriation, and negligent handling of entrusted resources. These risks are particularly acute in finance, procurement, payroll, inventory management, project administration and senior managerial roles. [...]
In Kenya’s dynamic business environment, companies may experience financial distress arising from operational inefficiencies, market volatility, regulatory changes or broader economic shocks. When a company becomes unable to meet its financial obligations as they fall due, it risks insolvency. The law however does not treat insolvency as an automatic death sentence. The Insolvency Act, No. [...]
Artificial Intelligence (AI) is transforming the way businesses create and protect brand identities. In Kenya, companies increasingly rely on AI tools to design logos, a task traditionally handled by natural persons. This shift offers efficiency and creative freedom, but also raises legal questions under the trademark regime in Kenya. For businesses seeking enforceable trademark [...]
INTRODUCTION Under Kenyan law, an employer’s managerial prerogative, including the right to terminate employment, is subject to statutory and procedural safeguards. The Employment Act, 2007 and the Labour Relations Act, 2007 impose clear procedural and substantive requirements that must be satisfied before a termination can be considered lawful. These requirements apply [...]
Introduction The Data Protection Act, 2019 imposes obligations on data controllers not only in relation to external threats, but also with respect to internal handling of personal data by their own employees. Where an employee accesses customer data without authorisation and shares it with an unauthorised third party, the employer [...]
Kenya is home to a highly vibrant telecommunications industry. In recent decades, the sector has grown significantly into a complex and digitised ecosystem that is responsible not only for connectivity but also mobile financial services. According to a recent Communication Authority of Kenya (“CAK”) report the total mobile subscriptions in the country stood at 78.4 million. This [...]