Introduction In a world where aviation plays a critical role in economic development and global connectivity, the regulatory frameworks governing competition and consumer protection are vital. The 2001 decision in Virgin Atlantic Airways Ltd. v. British Airways PLC, 257 F.3d 256 (2d Cir. 2001), offers key lessons for Kenya as it [...]
Spotlight on “Smith & another v Kenya Deposit Insurance Corporation (As receiver of Chase Bank Limited) & another (Civil Appeal E022 of 2022) [2025] KECA 294 (KLR) (21 February 2025) (Judgment).” AJS Advocates recently secured an important win at the Court of Appeal for Kenya Deposit Insurance Corporation in Smith & another v Kenya Deposit Insurance Corporation [...]
The Supreme Court of Kenya, in its ruling dated December 13, 2024, in Independent Electoral and Boundaries Commission v Attorney General & Another (Election Petition (Reference Application) E004 of 2024), addressed the application by the Centre for Legal Aid and Clinical Legal Education (CLACLE) at Kabarak University Law School seeking to [...]
Key Takeaways from Freedom Limited v Mbarak [2024]: Land Ownership, Appellate Evidence & Litigation Finality On December 13, 2024, the Supreme Court of Kenya delivered a ruling in the case of Freedom Limited v Omar Awadh Mbarak ([2024] KESC 76 (KLR)). The case centered around an application by Freedom Limited seeking leave [...]
As globalization continues to shape our society, cross-border family dynamics, such as one parent relocating overseas, are becoming more common. In these cases, child support and custody issues can become complicated. However, in Kenya, the responsibility to provide child support remains a legal obligation, regardless of a parent’s location. This [...]
The Films and Stage Plays Act, Cap 22, is an Act of Parliament enacted to regulate the making of cinematographic films and for the licensing of stage plays, theatres and cinemas, and for connected purposes. Section 35 of the Act gives the Minister the discretion to enact Regulations for giving effect to the [...]
The Office of the Data Protection Commissioner recently released a guidance note for healthcare providers on the processing of health data. With the advancement of technology, it is prudent to implement measures to ensure sensitive, confidential and private data is secured from privacy breaches and unauthorised usage. With the aim [...]
An arrest can be defined as the actual seizure or touching of a person’s body with the intention of taking them into custody or detention. It is a forcible restraint on a person’s liberty, which can be effected either with a warrant or without a warrant under powers conferred by [...]
Introduction In today’s world, technology plays a pivotal role, influencing almost every aspect of our lives. Many individuals, particularly the youth, are reaping significant financial rewards from digital innovations. However, the legal framework governing digital assets remains inadequate. It is imperative for society to establish comprehensive statutes to regulate and [...]
Introduction: Within the coronary heart of Kenya’s criminal landscape lies a cornerstone committed to shielding the inherent dignity and rights of every individual – the Human Rights Act. Developed to uphold the concepts enshrined in the Constitution, this act is a beacon for justice and fairness. In this article, we [...]