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New Deadline for Updating Beneficial Ownership Registers

The issue of Beneficial Ownership Registers has come up once again. Companies have up to 30th November 2024 to update their Beneficial Ownership Registers or risk facing the consequences for non-compliance. The Beneficial Ownership Register was introduced by the Companies Act 2015 and the Companies (Beneficial Ownership Information) Regulations 2020. The said Act and Regulations make it an offence for a company, and every officer of that company, to fail to comply with this requirement.

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Managing your Legal Risks in the Wake of Covid-19 Pandemic

The outbreak of coronavirus (COVID-19) has been declared a global pandemic by the World Health Organization (WHO) and its impacts are being felt in many sectors, including the transport, manufacturing, sports, tourism and gaming industries. In Kenya, the first case was confirmed on Friday Morning. Countries have adopted various measures to curb the spread of the virus and these measures are negatively affecting ongoing business contracts and projects. Governments in theaffected have been issuing travel restrictions with others issuing directives for complete lock downs.

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Navigating leasing of hangars in kenya

A hangar is a large building that is used for the storage of aircraft. Leasing of hangars is a common practice within the aviation industry. It is a facility that is highly significant to aviation operators since it reduces their cost of security. Kenya does not have specific laws governing hangars, and they mostly fall under the ambit of land law.

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Heirs v. Nominees: whose right to inherit is superior?

In the unfortunate demise of an individual, there are various rights that accrue to different persons depending on the relationship between that person and the deceased. For example, wives and children of the deceased will be considered ‘automatic’ beneficiaries/heirs of the deceased and they will not need to prove their dependency on the deceased. This is contrasted to persons like parents of the deceased whose beneficiary status is not automatic, that is, they have to prove their dependency on the deceased immediately before his/her demise. Because of the ‘automatic’ status of the wife/wives and children of the deceased, it is usually assumed that their rights over the property of the deceased are superior to the rights of any other potential beneficiary.

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Draft Joint Venture Guidelines by the Competition Authority

Currently, the Competition Act of Kenya 2010 (‘the Act”) and the Consolidated Guidelines on the Substantive Assessment of Mergers under the Act (“Consolidated Guidelines”) only require notification of joint ventures if they are full – function and if they meet the required thresholds. Until recently, there were no guidelines and/or rules that specifically addressed joint ventures.

Draft data protection (general) regulations 2021

The Draft Data Protection (General) Regulations, 2021 (“the Draft Regulations”) were recently published for public consultation by the Communications Authority of Kenya. They elaborate the rights and duties of the data subjects, data controllers and data processors, and also provide the procedures for enforcement of the said rights and duties.

Data protection in real estate

Data protection law originated from Europe in the 1970s as a reaction to the rise of the use of computers. This eventually led to the development and adoption of the now-famous General Data Protection Regulation (GDPR) in 2016 which became enforceable in 2018. The GDPR is a legal framework that sets guidelines for the protection of the personal information of European Union citizens. The GDPR has since then become a reference point for other data protection laws globally.

The Data Protection Bill, 2018: A Move towards Tangible Regulation

On nearly a daily basis, you often are required to provide information about yourself that is personal. You walk into an office of a service provider, or download a form from their website which you then fill and submit so that can you receive certain services. You give this information without really knowing whether that information will be used for purposes other than those you gave it for or who else will see or receive it.