INTRODUCTION  The Common Market for Eastern and Southern Africa (COMESA) on 4th December 2025 issued the COMESA Competition and Consumer Protection Regulations, 2025 (2025 Regulations) and the COMESA Competition and Consumer Protection Rules 2025 (2025 Rules) in place of the COMESA Competition Regulations and COMESA Competition Rules of 2004, both of which entered into force on 5th December 2025.   KEY UPDATES UNDER THE NEW [...]

Kenya is rapidly cementing its position as a gateway to East Africa. Its strategic location, a robust and diversified economy, and significant opportunities in high-growth sectors like technology, agriculture, and renewable energy are attracting a global influx of entrepreneurs and investors. Recent government initiatives aimed at economic stabilisation and promoting [...]

Yes. Foreign nationals can file for divorce in Kenya, provided they meet specific jurisdictional requirements. The Kenyan courts do not discriminate on the basis of nationality; however, they must establish that they have the legal authority (jurisdiction) to hear the matter. The primary gateway to the Kenyan courts for divorce is Domicile or Residence. [...]

What Is Guardianship Under the Mental Health Act (Kenya)? Under the Mental Health Act, Cap 248, guardianship refers to a court-appointed legal arrangement where a suitable person is granted authority to make decisions on behalf of a person suffering from mental illness who is incapable of managing their personal affairs or property. A guardianship order empowers the appointed [...]

Land tenure lies at the heart of property ownership and conveyancing in Kenya. While Kenyan law, in Article 64 of the Constitution of Kenya, recognizes freehold and leasehold land tenure systems and expressly contemplates the conversion of land from one tenure to another, the absence of a comprehensive regulatory framework governing such [...]

Introduction Share transfer is a fundamental aspect of corporate governance and business restructuring in Kenya. Whether you are bringing in new investors, exiting a business, or restructuring family wealth, understanding the legal and procedural nuances is critical. At AJS Advocates, we frequently get questions regarding the movement of shares. This [...]

Road accidents are a common occurrence on Kenyan roads, often leaving victims with serious injuries, loss of income, or even loss of life. Many people, however, are unaware of the proper legal steps to take in order to seek compensation. Filing a road accident case in Kenya requires following specific [...]

Probationary periods are a common feature of employment contracts in Kenya, allowing employers to assess an employee’s suitability for a role before confirming them on permanent terms. However, many employers overlook a critical legal requirement: what happens when an employee continues working beyond the probationary period without formal confirmation or [...]

“The question of registration, such as under Section 974(1) of the Companies Act, may be relevant in certain contexts, but is not, in itself, determinative of locus standi”- F. Gikonyo J  For years, foreign companies looking to sue in Kenya have lived with a nagging fear. Thanks to rulings like Stichting [...]

In a landmark judgment Metropolis Star Lab Kenya Ltd v Kioko & another (Civil Appeal E1140 of 2024) [2025] KEHC 8211 (KLR) (Civ) (12 June 2025) (Judgment), the High Court of Kenya has reaffirmed the centrality of fair administrative action and constitutional due process in regulatory proceedings under the Data Protection [...]