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21 February 2020

Payment of capital gains tax in forced sale transactions.

On January 24, 2020, the Court of Appeal upheld a judgement of the High Court of Kenya affirming that a chargee is not obligated to pay Capital Gains Tax (CGT) in exercising its statutory power of sale. (21st Feb 2020)

14 February 2020

The Competition (Amendment) Act, 2019

Outlaws the abuse of buyer power by companies and individuals? To find out what conduct amounts to abuse of buyer power. (14th Feb 2020)

07 February 2020

Management Companies.

Ever wondered why developers opt to incorporate management companies in developments? Check out our publication on Management Companies in Residential Properties in Kenya. (7th Feb 2020)

06 February 2020

The Data Protection Act, 2019

Wondering what Data Protection Principles should guide your handling of data? The Data Protection Act, 2019 requires data to be (1) Processed in accordance with the right to privacy of the data subject, (2) processed lawfully, fairly and in a transparent manner, (3) collected for explicit, specified and legitimate purposes.

31 January 2020

Buying and selling online?

The Finance Act 2019 has expanded the definition of taxable income to include income accruing through a digital marketplace. The National Treasury is expected to come up with regulations to operationalize the same. Stay in touch with us for updates on this. (31st January 2020)

24 January 2020

The Data Protection Act

Requires the collection of data to be done from an individual and not through third parties. Find out more about this and circumstances under which exceptions are allowed. (24th Jan 2020)

17 January 2020

The Data Protection Act, 2019

Gives one the right to be informed of the use to which their personal data is to be put and to correction and deletion of false or misleading data about them. What other rights do the owners of the data have under this law? Find out more by contacting us. (17th Jan 2020)

10 January 2020

Data Protection Principles

Wondering what Data Protection principles should guide your handling of data? The Data Protection Act, 2019 requires data to be (1) processed in accordance with the right to privacy of the data subject, (2) processed lawfully, fairly and in a transparent manner, (3) collected for explicit, specified and legitimate purposes. For formal advice on other principles, get in touch with us. (10th Jan 2020)

13 December 2019

The Data Protection Act, 2019

Is the Data Protection Act, 2019 limited to entities established in Kenya? Well, the Act primarily applies to entities established or resident in Kenya. However, it also applies to entities established outside Kenya or which are non-resident, but which process personal data of persons located in Kenya. Now you know! (13th Dec 2019)

06 December 2019

The Data Protection Act, 2019

The Data Protection Act, 2019 outlaws the use of personal data for commercial purposes, unless the data subject consents to it or the use is permitted under law. Find out more about restrictions imposed on use of personal data for commercial use, by contacting us. (6th Dec 2019)

29 November 2019

Good News for REITS Investors

Investee companies of real estate investment trusts are now exempt from corporation tax. This has been effected through amendments introduced to the Income Tax Act by the Finance Act 2019. (29th Nov 2019)

01 October 2019

THE FINANCE BILL, 2019- PROPOSED CHANGES ON CAPITAL GAINS TAX

WE wish to update you on two changes proposed through the Finance Bill, 2019, relating to the above. The Bill proposes to increase the rate of Capital Gains Tax (CGT) from 5% to 12.5% It is proposed that when calculating the capital gains tax payable, no gain shall be included in the computation of income in the case of a transfer of property that is necessitated by a transaction involving reconstructing of corporate entity. This change will apply in transfers in transfers made (a) in order to comply with a regulatory requirement or directive (b) in the course of compulsory acquisition by the government (c) as a result of an internal restructuring within a group which does not involve transfer of property to a third party and (d) in public interest The above changes shall come into force on October 1, 2019 if passed into law.

Doing Business in Kenya

Doing business in Kenya requires consideration of and compliance with various local laws. Our publication "Doing Business in Kenya" covers many of the applicable local laws spanning from business set up to licensing, tax, labour laws, capital markets and dispute resolution. Below are summaries of the various chapters that the book covers.

Chapter Summary – Export and Import
EXPORT LICENSING IN KENYA In a bid to streamline export procedure in Kenya, the Licensing Laws (Repeals and Amendment) Act 2006 was enacted. The Act abolished previous licenses requirements e.g. general export licenses that were found to discourage business in Kenya. Notably, the government still...

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Chapter Summary– Investments Incentives
Kenya offers several investment incentives to investors. Investors may apply for the issuance of an Investment Certificate to the Kenya Investment Authority. To qualify for the certificate, a foreign investor must invest at least USD 100,000 in a venture beneficial to Kenya. A successful applicant need not...

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Chapter Summary – Court System and Arbitration
The Constitution of Kenya gives two categories of courts. The first, the superior courts, consist of the Supreme Court, the Court of Appeal, the High Court, the Employment and Labour Relations court and the Environment and Land Court. The subordinate courts on the other hand consist of the...

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Chapter Summary: Dissolution of Companies
Kenyan law recognizes two broad modes of dissolution of a company. These are liquidation, and striking off the register of companies at the Companies Registry. Liquidation Liquidation of a company may by the company’s shareholders (Members’ Voluntary Liquidation or MVL), the company’s creditors...

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