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 [...]

Kenya’s rental property sector is heading into a major regulatory shift as the National Treasury and the Kenya Revenue Authority roll out the proposed Residential Rental Income Tax Regulations, 2026. The draft framework introduces a stricter, fully digitized compliance regime bringing in mandatory landlord registration, monthly tax filings and real-time monitoring of rental [...]

Kenya restructured its gambling regulatory framework with the enactment of the Gambling Control Act No. 14 of 2025  (“the Act”). This legislation establishes a comprehensive regime for gambling regulation, introducing financial requirements that gambling operators must satisfy to obtain and maintain licenses. In this capacity, the Gambling Regulatory Authority (“the Authority”) is responsible for setting licensing conditions, monitoring operator conduct, enforcing financial and operational safeguards and [...]

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 [...]