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SEZs have numerous advantages, all aimed at creating a favorable environment for investors to
flourish. This article highlights the tax advantages that investors and establishments in SEZs
benefit from.
The SEZs Act exempts all SEZ enterprises, developers & and operators from taxes and duties
payable under the Excise Duty Act, Income Tax Act, EAC Customs Management Act, and Value
Added Tax Act on all SEZ transactions. They are exempted from:

The Finance Bill, 2021 (“the Bill”) was published on 5th May 2021. It aims to amend various laws
relating to taxes and duties including the Income Tax Act, Value Added Tax Act, Excise Duty Act,
Tax Procedures Act, Miscellaneous Fees and Levies Act, Capital Markets Act, Central
Depositories Act, Kenya Revenue Act, Insurance Act and the Retirement Benefits Act.

The Landlord and Tenant Bill 2021 dated 12th February 2021 (“the Bill”) is sponsored by Majority
Leader Amos Kimunya and is currently undergoing review in Parliament. The Bill seeks to
consolidate all the laws on residential and commercial tenancies and to ensure regulation of the
rental sector in Kenya.

Digital Service Tax (DST) is income accruing from a business carried out over the internet or an
electronic network including through a digital marketplace.
It is worth to note that this definition has been expanded to clear the uncertainty that was there
previously on whether non-resident providers of electronic services who were not undertaking
business through a ‘’digital marketplace’’ were within the scope of digital service marketplace.
It is now clear that any income accrued in or derived from Kenya by a non-resident person in
relation to services provided over the internet or an electronic network is subject to Digital service
tax in Kenya.

The Data Protection Act, 2019 (“the Act”) provides for various safeguards in relation to the
protection of personal data of data subjects. To achieve this, it places certain obligations on data
controllers and data processors. The Act defines a data controller as a natural or legal person,
public authority, agency or other body which, alone or jointly with others, determines the
purpose and means of processing of personal data. On the other hand, a data processor is defined
as a natural or legal person, public authority, agency or other body which processes personal data
on behalf of the data controller. Simply stated, a data processor acts on and within the scope of
instructions from the data controller.

The Matrimonial Property Rules, 2022 (“the Rules”) were published by the Rules Committee in
Legal Notice No. 137 on 29th July, 2022, to further advance the Matrimonial Property Act, 2013
(“the Act”).
The Act provides for the rights of spouses with respect to their matrimonial property and it sets
out the parameters for division of matrimonial property in the case of the dissolution of that
marriage. The Act is founded on Article 45 of the Constitution of Kenya 2010, which recognizes
the family as the basic unit of the society that enjoys protection by the State.

Ardhisasa accounts are mandatory for individuals that are owners of land in Kenya. The shift
from the manual registry to the digital registry will make it impossible for individuals to transact
on their land without having a valid account.
N.B.: You cannot create Ardhisasa accounts on behalf of other people – one mobile number is
restricted to use by one account.

On 4th March 2016, the Capital Markets Authority (CMA) published the Code of Corporate
Governance for Issuers of Securities to the Public, 2015 (the “Code”). The Code replaced the
Guidelines on Corporate Governance Practices by Public Listed Companies in Kenya of 2002. It
draws companies’ attention to six main corporate governance areas, namely: Board Operations
and Control; Rights of Shareholders; Stakeholder Relations; Ethics and Social Responsibility;
Accountability, Risk Management and Internal Control; and Transparency and Disclosure. For
each area, the Code sets out principles, recommendations and guidelines to be adopted.