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Maxine Wahome leaves prison after paying bond

Rally driver Maxine Wahome, who has been detained for the past 25 days over the death of her boyfriend Assad Khan, left Lang’ata women's prison on Friday 2.40pm after paying a bond of Sh2 million. Upon release, ...

Microsoft loses Sh535m phones claim against ex-MP's firm

Microsoft Mobile OY Has lost a bid to pursue over shs 535 million from a company linked to a former MP for supply of phones and accessories more than 15 years ago, after allegedly acquiring the debts of Nokia ...

COMPLIANCE WITH THE DATA PROTECTION ACT,2019

The Data Protection Act was enacted in 2019 to accentuate and enliven Article 31 (c) and (d) of the Constitution of Kenya (2010) which recognizes a person’s Right to Privacy ("data subjects’") ...

MP Musimba wants court to review bond terms in Sh1.1bn Chase Bank theft case

Kibwezi West MP Patrick Musimba and his wife Angela Mwende on Tuesday petitioned the High Court to review the bond terms in their Sh1.1 billion Chase Bank theft case. The couple also pleaded with the court to set aside a magistrate's ...

A COMMENTARY ON THE EMPLOYMENT (AMENDMENT) ACT ,2022

Over the years, employers in Kenya have required prospective employees to provide clearance certificates from various government agencies, including the Director of Criminal Investigations, the Ethics and Anti-corruption Commission, the Kenya Revenue Authority, the Credit ...

Liability of Directors in Company's Tax Obligations in Kenya

This was founded in the appeal of Stephen Kimathi Mutiso, a director of a company, against the decision of the commissioner of domestic taxes (“Commissioner”). The Commissioner issued an agency notice against the personal bank account of the ...

LEGITIMATE EXPECTATION IN FIXED TERM EMPLOYMENT CONTRACTS

The concept of legitimate expectation in the renewal of fixed-term contracts has not been defined or expressly provided for in the Kenyan Employment Act. However, the courts have issued a number of decisions on the subject, which provide ...

Imperial Bank chiefs charged with fraud

Five senior managers of Imperial Bank were yesterday charged with conspiracy to defraud it of Sh29 billion through an illegal overdraft disbursement scheme. Naeem Shah, James Kaburu, Nashir Jessa, Zulfikar Jessa and Nargis Jessa appeared before senior principal ...

STRIKING A DELICATE BALANCE: The Right to Demonstrate, Public Order, and Safety in Kenya

The right to picket and demonstrate is a crucial foundation for democratic expression in Kenya. However, recent demonstrations have escalated into violence and caused destruction. This creates a challenging scenario where the exercise of a constitutional right clashes with ...

KRA wants anti-capital gains tax case dismissed

The taxman wants a suit challenging re-introduction of Capital Gains Tax struck out. In documents filed yesterday, the Kenya Revenue Authority said Kenya Association of Stockbrokers and Investment Banks (Kasib) is not the target of the tax, but the ...

THE REGISTRATION OF NOT-FOR-PROFIT ORGANISATIONS IN KENYA

There are four main types of non-profit organizations that can be registered in Kenya: Society: This is the simplest type of non-profit organization to register, but it does not have legal status. The registration, conduct, and Administration of Societies ...

Court releases university lecturer held over wife's death

Nairobi, Kenya: University Don who allegedly killed his wife in Lavington Nairobi has been freed on Sh100, 000 bond pending completion of investigations. Judge Luka Kimaru released Fredrick Onyango Ogolla after his lawyer Steve Kimathi made an application to ...

DATA PROTECTION & PRIVACY: Recent Developments and Trends in Kenya

Since its inception the Data Protection Act, 2019 (DPA) has been tested through determinations made by the Office of the Data Protection Commissioner and court judgements. The Office of the Data Protection Commissioner (ODPC) is established under Section 5 ...

Experts question efficacy of the Capital Gains Tax

BY James Muliro The capital gains tax (CGT) continues to elicit more debate regarding its efficacy especially on the sale of equities. This comes even as tax experts say the government could raise the tax in June and thereafter in a ...

PURCHASE OF SECTIONAL PROPERTIES: Getting the basics down

The Sectional Properties Act (the Act) provides a legal framework for the effective management and ownership of multi-unit developments, ensuring clarity, transparency, and orderly governance within such properties. It provides a legal framework for the subdivision of ...

Man seeks report on repeat poll results transmission

A Malindi resident has moved to High court to compel the electoral agency provide detailed report for voter identification and result transmission systems it intends to use during the October 17 presidential election. Mr Gabriel Mwewe says the aim of his ...

THE CONCEPT OF BENEFICIAL OWNERSHIP UNDER THE COMPANIES ACT, 2015

QUALIFICATIONS OF A BENEFICIAL OWNER In accordance with the BO Regulations , an individual qualifies as a Beneficial Owner if they meet any of the following criteria: 1. Holding at least 10% of a company's issued shares, either directly or ...

THE CONCEPT OF BENEFICIAL OWNERSHIP UNDER THE COMPANIES ACT, 2015

QUALIFICATIONS OF A BENEFICIAL OWNER In accordance with the BO Regulations , an individual qualifies as a Beneficial Owner if they meet any of the following criteria: 1. Holding at least 10% of a company's issued shares, either directly or ...

THE CONCEPT OF BENEFICIAL OWNERSHIP UNDER THE COMPANIES ACT, 2015

The BO Regulations are designed to improve accountability among companies in Kenya and promote transparency, combat illicit activities, and establish a culture of legal compliance for companies. It is therefore imperative for companies to conduct a comprehensive assessment of ...

Yagnesh Devani son charged with assaulting his mother

A son of the architect of the Sh7.6 billion Triton oil scandal, Yagnesh Devani, has been dragged to court and charged with assaulting his mother. A subdued Raj Harikrisna Devani appeared before Kiambu Principal Magistrate Ms Stella Atambo on ...

FAMILY TRUST & SUCCESSION PLANNING

A Trust is essentially a legal relationship that exists between a Settlor (creator of the trust), a Trustee (a protector of the trust) and a Beneficiary. These parties can either be individuals or legal entities. Under a Trust arrangement, ...

Boy who trespassed into  State House Nairobi acquitted

A 15 year-old boy who scaled the parameter wall around State House Nairobi two weeks ago to seek assistance from President Uhuru Kenyatta to record his music has been discharged conditionally from custody. A jovial Mathew Maina Kinuthia apologised to President ...

UNLOCKING THE DIGITAL ECONOMY IN KENYA: Your Legal Guide to Safe Online Transactions

The cross-border nature of the digital economy complicates the application and enforcement of local consumer protection laws, which are designed to prevent businesses from engaging in fraud or unfair practices, and to protect individuals from scams. Addressing consumer ...

Two former executives of collapsed Kenyan bank charged with fraud - court documents

NAIROBI, March 23 (Reuters) - A Kenyan court charged two former executives of collapsed Imperial Bank with involvement in a conspiracy to defraud the bank and depositors of 29 billion shillings ($286 million), a court filing showed on ...

ESTABLISHING ENVIRONMENTAL, SOCIAL & GOVERNANCE (ESG) FRAMEWORK & POLICY FOR ORGANIZATIONS

Environmental Factors: Includes concerns like resource usage, water conservation strategies, waste handling, carbon emissions, and efforts to combat climate change. Social Factors: Centers on essential factors such as fair labor practices, inclusive work culture, employee ...

TWO CHARGED OVER FAKE CURRENCY

Two foreigners has been charged with being in possession of 6.9 papers intended to resemble and pass as US Dollars currency notes and 739, 200 papers intended to resemble and pass as Euro currency notes. Mohammed Sani Alias Dr.Mustafa, a ...

Court orders probe into Safaricom system hack claim

A court has directed the Divisional Crime Investigating Office (DCIO) to probe claims that mobile phone provider Safaricom system was hacked into, resulting in a technical hitch, the directions were made yesterday in the trial of two Nigerians. One ...

Why not pay interest on outstanding VAT refunds?

By Andrew Oduor To a large extent, a number of companies supply either to withholding VAT agents or some form of zero-rated supplies. This means they will perpetually be in a VAT refund position and thus suffer an additional ...

Reprieve for Imperial Bank managers as court orders Sh2 million bail refund

A court has directed that Sh2 million be returned to three Imperial Bank officials charged with conspiracy to defraud the financial institution. Senior Principle Magistrate Joyce Ngandani gave the directive after defense lawyer Steven Kimathi told the court that the cash ...

Tax litigation in Kenya: overview

by Andrew Oduor A Q&A guide to civil and criminal tax litigation in Kenya.   This Q&A provides a high level overview of the key practical issues in civil and criminal tax litigation, including: pre-court/pre-tribunal process, trial process, documentary evidence, ...

Supreme Court Justice Njoki Ndungu to get fair hearing in case to sack her

The Judicial Service Commission has said it will give Supreme Court Judge Njoki Ndung’u an opportunity to present her side of the story in a petition seeking her removal from officer over allegations of gross misconduct. In a sworn document, ...

Justice Njoki Ndungu fights to stop probe

A Supreme Court judge at the centre of a retirement age dispute on Tuesday asked the High Court to stop the Judicial Service Commission from investigating her.  Justice Susanna Njoki Ndung’u claimed the commission lacked jurisdiction to investigate her over allegations ...

Businessman sues Nasa over poll boycott call

A businessman wants the High Court to stop the National Super Alliance (Nasa) from calling for repeat poll boycott as well as holding demonstrations on Thursday. Mr Raju Bhagat Singh claims the boycott calls have affected the economy and that the ...

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