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The Constitution of Kenya 2010 fundamentally altered the legal and institutional terrain on which public power is exercised. It entrenched a robust rights-based framework, clarified the separation of powers, and introduced enforceable standards for administrative conduct. Against this backdrop, constitutional and administrative law has emerged not just as a tool for dispute resolution, but as…

From Custodians to Compliance Officers: Recasting the Role of Advocates in Kenya’s AML/CFT/CPF Regime Introduction The modern lawyer operates in a world where the lines between legal services and financial accountability are increasingly blurred. In Kenya, the legal profession is no longer peripheral to the architecture of Anti-money Laundering, Combating Financing of Terrorism and Proliferation…

In recent years, Kenya’s real estate sector has entered a new phase—one no longer solely driven by domestic demand or institutional capital flows, but increasingly influenced by private diaspora investors, including a growing cohort of African-Americans relocating from the United States. For many, property acquisition is more than a commercial undertaking—it is a personal reclamation…

The High Court of Kenya is currently seized of a petition that could dramatically redefine the contours of fiscal accountability and sovereign debt jurisprudence in the region. Petition No 531 of 2015 is hinged on the doctrine of odious debt—a principle that, while historically rooted in international law, is being tested against Kenya’s constitutional and…

Fluctuations in foreign aid—whether through funding pauses or policy shifts—present notable challenges for organizations in Kenya’s development sector. While these disruptions often impact financial stability, they also introduce complex challenges in employment law, contractual obligations, and corporate governance, thereby requiring businesses to navigate a rapidly evolving legal environment. This analysis examines the Kenyan legal framework…

Foreign aid disruptions, such as funding withdrawals or policy shifts, pose significant challenges for service providers, NGOs, and contractors in Kenya. While these events often precipitate financial strain, the Kenyan legal framework offers robust mechanisms to manage contractual relationships effectively. This article examines key legal principles under Kenyan law, highlighting their application to donor-funded projects…

On 11th December 2024, the President signed the Business Laws (Amendment) Bill, 2024 thereby enacting it into law as the Business Laws (Amendment) Act, 2024 (the “Act”). Consequently, the Act became effective on 27th December 2024 amending several statutes which include the Microfinance Act, the Central Bank of Kenya Act, the Banking Act, the Special…

1.Business Registration in Kenya Registering a business is often the first legal process new entrepreneurs encounter. In Kenya, businesses must register with the Registrar of Companies. The process involves selecting a business structure, such as a sole proprietorship, limited liability company, or partnership. For those forming a limited liability company, the registration includes filing documents…

1.Business Registration in Kenya Registering a business is often the first legal process new entrepreneurs encounter. In Kenya, businesses must register with the Registrar of Companies. The process involves selecting a business structure, such as a sole proprietorship, limited liability company, or partnership. For those forming a limited liability company, the registration includes filing documents…