Credit Providers’ Recovery Options For Loans Advanced In Non-compliance With Section 33s Of The Cbk Act: A Possible Way Forward

The Digital Credit Providers (“DCP”) regulation, now referred to as Non-Deposit Taking Credit Businesses (“NDTB”) regulation following the Business Laws (Amendment) Act, 2024, has undergone significant evolution. This regulatory shift was driven by public outcry over unethical debt recovery methods, customer harassment, data breaches, and predatory lending practices. With the [...]

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Fidic Contracts In Kenya: Understanding Their Scope And Application

The FIDIC (Fédération Internationale Des Ingénieurs-Conseils) contracts are internationally recognized and offer standard forms for construction agreements that provide clear guidelines on the roles and responsibilities of the parties involved. These contracts are used globally and increasingly in Kenya for construction and infrastructure projects. This article explores the types of FIDIC contracts, [...]

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The Rise Of Non-deposit-taking Credit Providers In Kenya: How The 2024 Business Laws Amendment Act Is Changing The Credit Game

Kenya’s credit landscape has seen a dramatic transformation over the last few years. With the rise of mobile phones and digital platforms, credit has become more accessible than ever before. Apps offering quick loans and peer-to-peer platforms have thrived. As from 2022 however, this landscape started changing. The Central Bank [...]

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Malicious Prosecution

Introduction The tort of malicious prosecution is committed in circumstances where a defendant (s) causes the arrest and prosecution of the plaintiff or claimant without reasonable and/or probable cause and the proceedings so instituted terminate in favour of the plaintiff. Reasonable and/or probable cause denotes an honest belief in the [...]

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