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SHIF: A Stakeholder Analysis & the One-Third Deductions Principle

Earlier this year, Kenyans marched to the streets in all parts of the country to protest aggressively against high taxation imposed on them by the introduction of the Finance Bill, 2024. The protests aimed to amplifying the citizens’ voices in rejecting high taxation on both goods and services and especially essential services. Less than a year down the line, Kenyans are grappling with a similar issue – the implementation of the Social Health Insurance Act (SHIA) of 2023 (the Act).

Impact of Business Laws (Amendment) Bill, 2024 on Non-Deposit Taking Microfinance Banks

New proposals in the Business Laws (Amendment) Bill, 2024 published on 1st November, 2024 seek to regulate non-deposit taking institutions under both the Microfinance Act and the Central Bank of Kenya Act (“CBK Act”). The proposed amendments to the CBK Act aim to expand the definition of digital credit providers (“DCPs”) to include non-deposit taking microfinance banks.

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.