Fridah Gatwiri, Author at Mboya Wangongu & Waiyaki https://lexgroupafrica.com/author/fridah/ Mon, 24 Nov 2025 11:53:26 +0000 en-US hourly 1 https://wordpress.org/?v=6.9.4 Inside the Finance Act 2023: Unveiling the Key Provisions https://lexgroupafrica.com/inside-the-finance-act-2023-unveiling-the-key-provisions/ Wed, 23 Aug 2023 06:23:26 +0000 https://lexgroupafrica.com/?p=749 INSIDE THE FINANCE ACT, 2023: UNVEILING THE KEY PROVISIONS INTRODUCTION  The Finance Act, 2023 (“the Act”) was assented to by President William Ruto on June 26, 2023 with most of its provisions expected to take effect from July 1, 2023 after eliciting rigorous discussions in and out of Parliament. The Act contains various amendments to […]

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INSIDE THE FINANCE ACT, 2023: UNVEILING THE KEY PROVISIONS

INTRODUCTION

 The Finance Act, 2023 (“the Act”) was assented to by President William Ruto on June 26, 2023 with most of its provisions expected to take effect from July 1, 2023 after eliciting rigorous discussions in and out of Parliament.

The Act contains various amendments to Kenyan tax laws and aims at raising additional revenue for the government to enable it to meet its budget of Kshs. 3.68 Trillion for the year 2023/2024.

The following is a highlight of some of the major changes the Act will make in the various Acts of Parliament:

  •    A. INCOME TAX ACT

The Act:

Introduces two new tax bands in the Pay As You Earn (PAYE) tax, for the category of persons earning Kshs. 500,000 and above per month (Kshs 6,000,000 per year). Persons earning between Kshs. 500,000 – Kshs. 800,000 and Kshs. 800,000 and above will be subjected to PAYE at the rate of 32.5% and 35%, respectively (Effective July 1, 2023).

Increases the Turnover Tax rate of businesses from 1% to 3 % while also reducing the band for the same from Kshs. 1 Million – Kshs. 50 Million to Kshs. 1 Million to Kshs. 25 Million (Effective July 1, 2023).

Introduces a Digital Assets Tax at the rate of 3% tax on the income derived from the transfer or exchange of digital assets. The owner of a platform or the person who facilitates the exchange or transfer of a digital asset shall deduct the tax and remit it to the Commissioner within 5 working days after making the deduction together with a return of the amount of the payment and the amount of tax deducted (Effective September 1, 2023).

Reduces the rate of Monthly Rate Income (MRI) tax from 10% to 7.5%. This reduction is aimed at encouraging tax compliance for property owners and to also increase the government’s revenue collection (Effective January 1, 2024).

Introduces a 5% withholding tax on earnings from social media content creators (Effective July 1, 2023).

On Capital Gains Tax (Effective July 1, 2023), the Act:

Introduces a Capital Gains Tax where a property is transferred in a transaction not subject to CGT and then sold in a taxable transaction within 5 years. The adjusted cost for the subsequent transfer will be based on the original adjusted cost of the first transfer.

Requires that Capital Gains Tax be due and payable on the earlier of: (i) receipt of full purchase price by the vendor; or (ii) registration of the transfer.

Taxes capital gains from selling shares or similar interests including those in a partnership or trust, if, within 365 days before the sale, more than 20% of their value came from immovable property in Kenya.

  •    B. THE EMPLOYMENT ACT, 2007 (Effective July 1, 2023)

The Act introduces a monthly levy, known as the Affordable Housing Levy, where both employees and employers are both subject to the levy at 1.5% of the employee’s gross salary. The responsibility lies with the employer to deduct and remit this levy within 9 working days following the end of the relevant month. The primary objective of this levy is to provide funding for the government’s affordable housing agenda.

  •    C. VALUE ADDED TAX (VAT) ACT, 2013 (Effective July 1, 2023)

The Act doubles the rate of VAT on all petroleum products from 8% to 16% while exempting Liquefied Petroleum Gas (LPG) from VAT. As a result, the cost of fuel is expected to rise from July 1, 2023 where the Energy and Petroleum Regulatory Authority is expected to announce reviewed maximum pump prices.

  •    D.TAX PROCEDURES ACT, 2015 (Effective July 1, 2023)

 The Act increases the timeline allowed for parties to negotiate and potentially settle disputes under the Alternative Dispute Resolution (ADR) framework from 90 days to 120 days. This will give the ADR framework more time to settle disputes.

It also sees to solve the problem of constant delays faced by the National Treasury in refunding verified tax claims by reducing the time taken by the Commissioner from 2 years to 6 months. This means that interest shall begin to accrue after 6 months.

CONCLUSION

Some of the changes introduced by the Act have met a lot of opposition from members of the public particularly the doubling of VAT from 8% to 16% on petroleum products where it is anticipated that this increase shall cause an increase in commodity prices as well as transport costs. However, the government still maintains its stance that this Act is intended to stabilize and improve the economy of the country and Kenyans can only brace themselves for its implementation.

Article by George Ngatiah & Grace Maina

Published on

Disclaimer

This article is intended for general knowledge only. It does not create an advocate-client relationship between any reader and Mboya Wangong’u & Waiyaki Advocates. For particular expert advice on any matter dealt with above, please contact us through:

cgmbugua@lexgroupafrica.com or gngatiah@lexgroupafrica.com.

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]]> Using a Testamentary Trust to Preserves Family Wealth https://lexgroupafrica.com/using-a-testamentary-trust-to-preserves-family-wealth/ Wed, 23 Aug 2023 06:15:37 +0000 https://lexgroupafrica.com/?p=744 What is a Testamentary Trust A testamentary trust is trust created under a Last Will and Testament and it is used to protect and preserve property for one’s beneficiaries. The Testator (i.e. the maker of the Will) will appoint Trustees to hold and manage the assets for the benefit of the beneficiaries. The testamentary trust gives the […]

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]]> What is a Testamentary Trust

A testamentary trust is trust created under a Last Will and Testament and it is used to protect and preserve property for one’s beneficiaries. The Testator (i.e. the maker of the Will) will appoint Trustees to hold and manage the assets for the benefit of the beneficiaries.

The testamentary trust gives the testator control over how and when the assets will be distributed to their beneficiaries. For instance, the trust can provide that funds will be will be used for the education of minor children or that property can only pass onto their children when they attain the age of 25 years. This will ensure that the chances of misuse of the assets will be minimized.

Unlike a Living Trust, a testamentary trust only comes into effect after the death of the Testator.

The difference between a Testamentary Trust and a Living Trust

Testamentary trusts and living trusts are both made for the protection of assets, however, they are created in different ways and either can be used depending on one’s preference:

• Whereas a testamentary trust is a trust created in a Will, it only becomes effective after the death of the testator/settlor, whilst a Living Trust is created and managed during the Settlor’s lifetime.

• A testamentary trust must go through probate (i.e., the court process) to ensure the validity of the Will before it can be effected, and a living trust takes effect upon establishment.

• Since the Will has go through the  court process, the testamentary trust  therein becomes a public document and the beneficiaries’ entitlements under such trust are in the public domain, whereas in a living trust the contents of the trust remain private.

• Under a testamentary trust, the transfer of the property is only done after the demise of the testator and until such time the testator has compete control over their assets, whereas in a living trust the property is transferred to the trust during the settlor’s lifetime and the assets  owned by the trust.

• A testamentary trust is simpler to create and cheaper than a living trust in that it is created in the Will.

Who are the main parties in a Testamentary Trust?

Under a testamentary trust, and indeed most trusts, the following are three main parties;

  1. The Settlor- this is the person who owns the Assets that will be placed in Trust. In the case of a testamentary trust the settlor will be the one who writes the Will (i.e., the Testator) After the death of the settlor, the assets will be transferred to the Trustee for the benefit of the beneficiaries.
  2. The Trustees – these are the people who hold the legal title to the Trust assets and are appointed by the settlor. The assets are held in trust for the beneficiaries. The trustees should be competent and trustworthy as they have a legal duty to hold and manage the assets in the best interest of the beneficiary and are held to a high standard to account. They have a fiduciary duty to act in utmost good faith and cannot use the assets for their own use.
  3. The Beneficiary – this is any person to whom a gift may be made, and therefore is the person that will benefit from the trust. The Beneficiaries can be family members, friends or even charitable organizations.

 Why Have a Testamentary Trust

 A testamentary trust may be created for several reasons:  for example;

  • To hold property on behalf of minor children under the age of 18 years until such time as they come of age and are mature enough to hold and manage the property themselves.
  • To hold property on behalf of children and dependent’s living with disabilities. A fund can be set up to meet their needs for their lifetime, if need be, thus providing them with financial security.
  • To protect property from financially irresponsible children by ensuring the inheritance is distributed in a controlled manner to prevent them from squandering their inheritance.
  • To ensure the property is preserved for use by the family and future generations, for example, preserving the ancestral home for use by family members for a long time to come.
  • To provide funds for benefit and maintenance of the beneficiaries.
  • To benefit from certain tax advantages such as stamp duty, capital gains tax and income tax exemptions.

Conclusion

A Testamentary Trust is a great tool used in estate planning it ensures that assets are distributed and protected in accordance with the testator’s wishes. It allows the maker of the trust to continue to have control over their assets while they are still living and the assets only move into the trust once they have passed away.

Contact us

  • Having a testamentary trust in a will depends on your particular needs, and it is important to always seek legal advice on the best options available to you. For more information on testamentary trusts get in touch with our Estate Planning team at ep@lexgroupafrica.com.

Article by Gladys Mboya

Disclaimer

This article is intended for general knowledge only. It does not create an advocate-client relationship between any reader and Mboya Wangong’u & Waiyaki Advocates.

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]]> Navigating International Business Transactions: https://lexgroupafrica.com/navigating-international-business-transactions/ Mon, 31 Jul 2023 09:57:26 +0000 https://lexgroupafrica.com/?p=175 Navigating International Business Transactions: Subtitle: Facilitating Cross-Border Deals and Ensuring Compliance in Today’s Global Business Landscape In an increasingly interconnected world, international business transactions present unparalleled opportunities for businesses to expand their reach and maximize growth. However, conducting business across borders also involves navigating complex legal and regulatory landscapes. At [Law Firm Name], our team […]

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]]> Navigating International Business Transactions:

Subtitle: Facilitating Cross-Border Deals and Ensuring Compliance in Today’s Global Business Landscape

In an increasingly interconnected world, international business transactions present unparalleled opportunities for businesses to expand their reach and maximize growth. However, conducting business across borders also involves navigating complex legal and regulatory landscapes. At [Law Firm Name], our team of experienced attorneys specializes in international business transactions, providing clients with the expertise and guidance needed to thrive in the global marketplace.

1. Structuring Cross-Border Deals: A Strategic Approach

International business transactions require careful planning and execution. Our attorneys work closely with clients to structure cross-border deals that align with their business objectives while taking into account legal and regulatory considerations in multiple jurisdictions.

2. Contract Drafting and Negotiation Across Borders

Negotiating international contracts can be intricate, given varying legal systems and cultural differences. Our team excels in drafting and negotiating robust international agreements that protect your interests and foster strong business relationships.

3. Mitigating Risks in Global Business Ventures

Entering new international markets can expose businesses to various risks. We conduct comprehensive risk assessments and due diligence, enabling you to make informed decisions that safeguard your investments and interests.

4. International Trade Compliance: Navigating Regulatory Frameworks

International trade is subject to a myriad of regulations and trade agreements. Our attorneys provide guidance on export-import compliance, helping your business navigate customs regulations, economic sanctions, and trade barriers.

5. Foreign Investment and Market Entry Strategies

Expanding your business into foreign markets requires careful planning. We offer strategic guidance on foreign direct investment, market entry strategies, and complying with local laws and regulations.

6. Protecting Intellectual Property (IP) Across Borders

International expansion necessitates safeguarding your valuable intellectual property rights. Our team assists in protecting trademarks, copyrights, patents, and trade secrets globally, enabling your business to thrive in new markets.

7. International Tax Planning and Transfer Pricing

Navigating international tax laws can be complex. Our attorneys work closely with tax advisors to develop tax-efficient strategies, optimizing your global tax exposure while ensuring compliance with relevant tax regulations.

8. Public-Private Partnerships (PPPs) and Infrastructure Projects

Our team provides guidance on navigating public-private partnerships and structuring infrastructure projects in foreign jurisdictions, facilitating successful collaborations and project execution.

9. Dispute Resolution in Cross-Border Transactions

In the event of disputes arising in international business dealings, we offer skilled representation in cross-border dispute resolution, seeking amicable resolutions and advocating for your interests in international arbitration and litigation.

10. Staying Compliant with International Regulations

Staying compliant with ever-evolving international regulations is crucial. Our team stays up-to-date with global legal developments, ensuring that your business remains compliant with international laws and regulations.

At [Law Firm Name], we believe that the key to successful international business transactions lies in meticulous planning, strategic guidance, and a deep understanding of global legal frameworks. Our experienced attorneys are committed to empowering your business to thrive in the global marketplace, providing personalized solutions that align with your unique goals and objectives.

Contact us today to schedule a consultation and explore how our international business transactions services can propel your business towards global success. Let [Law Firm Name] be your trusted partner in navigating the complexities of international business, opening doors to new opportunities and expanding horizons on the global stage.

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]]> The Art of Commercial Dispute Resolution: Finding Common Ground for Lasting Solutions https://lexgroupafrica.com/the-art-of-commercial-dispute-resolution-finding-common-ground-for-lasting-solutions/ Mon, 31 Jul 2023 09:55:08 +0000 https://lexgroupafrica.com/?p=173 The Art of Commercial Dispute Resolution: Finding Common Ground for Lasting Solutions Subtitle: Empowering Businesses to Resolve Conflicts Amicably and Efficiently with [Law Firm Name] In the fast-paced world of business, conflicts and disputes are inevitable. However, how these disagreements are resolved can make all the difference between fostering healthy business relationships and enduring legal […]

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The Art of Commercial Dispute Resolution: Finding Common Ground for Lasting Solutions

Subtitle: Empowering Businesses to Resolve Conflicts Amicably and Efficiently with [Law Firm Name]

In the fast-paced world of business, conflicts and disputes are inevitable. However, how these disagreements are resolved can make all the difference between fostering healthy business relationships and enduring legal battles. At [Law Firm Name], our skilled team of attorneys specializes in the art of commercial dispute resolution, helping businesses navigate conflicts with finesse and professionalism.

1. Embracing Alternative Dispute Resolution (ADR)

Litigation is not always the most practical or cost-effective method for resolving commercial disputes. Our attorneys advocate for alternative dispute resolution methods such as mediation and arbitration, which offer faster and more amicable solutions while preserving valuable business relationships.

2. Mediation: Finding Middle Ground

Mediation is a collaborative process that allows parties to work together, facilitated by a neutral mediator, to find common ground and reach a mutually agreeable resolution. Our experienced mediators are adept at guiding negotiations, empowering parties to explore creative solutions beyond the confines of the courtroom.

3. Arbitration: A Binding Path to Resolution

Arbitration offers a more structured approach to dispute resolution, wherein a neutral arbitrator renders a binding decision after considering evidence and arguments presented by both parties. Our attorneys are skilled advocates in arbitration proceedings, ensuring your interests are effectively represented and argued.

4. Customized Approaches for Unique Disputes

At [Law Firm Name], we understand that every commercial dispute is distinct. Our attorneys adopt a customized approach for each case, tailoring strategies to align with the specific needs and goals of our clients.

5. Prioritizing Communication and Collaboration

Effective dispute resolution begins with open communication and collaboration. Our team emphasizes transparent dialogue between parties, seeking to understand each party’s perspective to facilitate productive negotiations.

6. Commercial Contract Disputes: Protecting Your Business Interests

Contract disputes can disrupt business operations and erode trust between parties. We are dedicated to safeguarding your business interests and finding resolutions that preserve the integrity of your contracts.

7. Resolving Employment Disputes with Finesse

Employee conflicts can disrupt workplace harmony and productivity. Our attorneys offer strategic guidance in resolving employment disputes, promoting a healthy work environment for your business.

8. Construction Disputes: Building Bridges to Resolution

Construction projects often involve complex disputes. We have extensive experience in handling construction-related conflicts, aiming to find swift and practical solutions to keep your projects on track.

9. Intellectual Property (IP) Disputes: Protecting Your Innovations

In IP disputes, we protect your intellectual property rights, taking swift action to enforce patents, trademarks, copyrights, and trade secrets.

10. Commercial Insurance Disputes: Advocating for Fairness

In cases of commercial insurance disputes, we advocate on your behalf to ensure that your business is fairly compensated for losses and damages.

At [Law Firm Name], we believe that commercial disputes can be resolved with finesse and professionalism. Our team of dedicated attorneys is committed to empowering businesses with amicable and efficient dispute resolution, fostering strong business relationships and ensuring continued success. Contact us today to learn more about our commercial dispute resolution services and discover how we can be your trusted legal partner in navigating conflicts with skill and tact.

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]]> Navigating Corporate Finance https://lexgroupafrica.com/navigating-corporate-finance/ Mon, 31 Jul 2023 09:53:34 +0000 https://lexgroupafrica.com/?p=171 Navigating Corporate Finance Subtitle: From Capital Structuring to Strategic Growth – Empowering Your Business with Expert Financial Legal Advice In today’s dynamic business environment, corporate finance plays a pivotal role in shaping the trajectory of companies both large and small. At [Law Firm Name], we understand that every financial decision your business makes can have […]

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]]> Navigating Corporate Finance

Subtitle: From Capital Structuring to Strategic Growth – Empowering Your Business with Expert Financial Legal Advice

In today’s dynamic business environment, corporate finance plays a pivotal role in shaping the trajectory of companies both large and small. At [Law Firm Name], we understand that every financial decision your business makes can have far-reaching implications. That’s why our team of experienced corporate finance attorneys is dedicated to providing strategic guidance and legal expertise to empower your business for sustainable growth and success.

1. Capital Structuring and Financing Strategies

Proper capital structuring lays the foundation for a strong financial footing. Our attorneys assist businesses in devising sound financing strategies that strike a balance between equity and debt, ensuring optimal capital allocation and cost-effectiveness.

2. Mergers and Acquisitions (M&A): Navigating Growth Opportunities

Growth through mergers and acquisitions requires meticulous planning and execution. We partner with businesses in all aspects of M&A transactions, from conducting due diligence to negotiating and drafting comprehensive agreements. Our goal is to help you seize growth opportunities while mitigating potential risks.

3. Venture Capital and Private Equity Funding

Startups and emerging companies often require external funding to fuel their growth. We work closely with entrepreneurs, venture capitalists, and private equity firms to structure investment deals that align with your business goals and objectives.

4. Initial Public Offerings (IPOs) and Securities Offerings

Taking your company public is a significant milestone, but it also comes with complex regulatory requirements. Our team guides businesses through the IPO process, ensuring compliance with securities laws and facilitating a successful public offering.

5. Corporate Restructuring and Debt Management

In times of financial distress, a well-planned corporate restructuring can help businesses emerge stronger. Our attorneys offer strategic guidance on debt management, refinancing, and debt restructuring to support your company’s financial resilience.

6. Project Finance and Public-Private Partnerships (PPPs)

Large-scale projects demand innovative financial solutions. We assist businesses in structuring project finance deals and navigating the intricacies of public-private partnerships, enabling successful project execution.

7. Compliance and Corporate Governance

Staying compliant with financial regulations is vital for your business’s credibility and reputation. Our team provides comprehensive guidance on corporate governance, ensuring your company adheres to best practices and regulatory requirements.

8. Business Valuation and Due Diligence

Accurate business valuation and due diligence are critical components of strategic decision-making. We conduct meticulous financial analysis to assess the value of your business and identify potential risks in transactions.

9. Tax Planning and Efficiency

Our attorneys work closely with tax advisors to develop tax-efficient strategies, minimizing your tax liabilities while maximizing your financial resources.

10. Dispute Resolution and Litigation

In cases of financial disputes, our litigators are well-equipped to protect your interests through strategic negotiation and vigorous advocacy in court, always striving for the best possible outcome.

At [Law Firm Name], we believe that informed financial decision-making is the bedrock of a successful business. With our expertise in corporate finance, dedication to client success, and commitment to excellence, we are poised to be your trusted partner in achieving your business objectives.

Contact us today to schedule a consultation and discover how our corporate finance legal services can elevate your business to new heights of financial prosperity. Let [Law Firm Name] be the compass that guides you on your journey to sustained success in the ever-evolving corporate landscape.

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]]> Understanding Real Estate Transactions https://lexgroupafrica.com/understanding-real-estate-transactions/ Mon, 31 Jul 2023 09:50:58 +0000 https://lexgroupafrica.com/?p=169 Understanding Real Estate Transactions: A Comprehensive Guide by [Law Firm Name] Subtitle: Navigating the Complexities of Buying, Selling, and Leasing Real Property Real estate transactions can be both exciting and daunting, whether you’re a seasoned investor or a first-time homebuyer. At [Law Firm Name], we understand the intricacies of the real estate market, and our […]

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]]> Understanding Real Estate Transactions: A Comprehensive Guide by [Law Firm Name]

Subtitle: Navigating the Complexities of Buying, Selling, and Leasing Real Property

Real estate transactions can be both exciting and daunting, whether you’re a seasoned investor or a first-time homebuyer. At [Law Firm Name], we understand the intricacies of the real estate market, and our team of experienced attorneys is here to guide you through every step of the process. In this comprehensive guide, we will walk you through the essential aspects of real estate transactions, offering valuable insights and practical advice.

1. The Art of Buying and Selling Real Estate

Purchasing or selling real property is a significant financial decision that requires careful planning and attention to detail. Our attorneys are well-versed in assisting clients with residential and commercial real estate transactions. From drafting and negotiating purchase agreements to conducting due diligence and closing the deal, we ensure a smooth and seamless experience.

2. Navigating Lease Agreements

Whether you are a landlord or a tenant, lease agreements form the foundation of any rental arrangement. Our team excels in drafting and negotiating lease agreements that protect your interests while complying with relevant laws and regulations. We can assist with both residential and commercial leases, ensuring clarity and fairness for all parties involved.

3. Real Estate Development and Construction

Real estate development projects demand a comprehensive legal strategy to mitigate potential risks and ensure success. Our attorneys are skilled in handling land use and zoning issues, construction contracts, financing arrangements, and other crucial aspects of real estate development.

4. Real Estate Litigation: Resolving Disputes

Despite the best intentions, real estate disputes can arise. Whether involving property boundaries, breach of contract, or landlord-tenant conflicts, our litigators are prepared to represent your interests diligently. We explore alternative dispute resolution methods whenever possible but are fully prepared to advocate for you in court if necessary.

5. The Importance of Title Searches and Due Diligence

Title issues can be a significant obstacle in real estate transactions. Our team conducts thorough title searches and due diligence investigations to ensure that the property you’re acquiring has a clear title, free of liens or encumbrances that could jeopardize your investment.

6. Real Estate Financing and Mortgages

Securing financing for real estate acquisitions is a critical aspect of any transaction. We assist in structuring commercial loans, reviewing mortgage agreements, and offering guidance on mortgage foreclosure defense and loan modifications.

7. Real Estate Investment Trusts (REITs) and Syndication

For investors seeking to diversify their portfolios, we provide guidance on forming Real Estate Investment Trusts (REITs) and navigating the complexities of real estate syndication.

8. Real Estate Taxation and 1031 Exchanges

Navigating real estate taxation can be challenging. Our attorneys offer tax planning strategies, including guidance on 1031 exchanges, to help you optimize your tax liabilities while complying with relevant laws.

At [Law Firm Name], we are more than just legal advisors; we are your partners in achieving your real estate goals. With our experience, dedication, and commitment to excellence, you can trust us to handle all your real estate transactions with precision and care.

Whether you’re a developer, investor, homeowner, or business owner, let [Law Firm Name] be your reliable guide through the complexities of real estate transactions. Contact us today to schedule a consultation and begin your journey toward a successful real estate future.

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