This legal brief provides a comparative analysis between the current Trustees (Perpetual Succession) Act, Cap. 164 (TPSA), including recent amendments, and the proposed Trust Administration Bill, 2025 (TAB). The review highlights the substantial and procedural reforms, explains how the Bill codifies existing common law doctrines, and assesses both the advantages and potential challenges of the […]
Strategic Partnership Strengthens East African Legal Services We are proud to announce our official designation as the Kenya office for Pannike and Partners, marking a significant milestone in our firm’s growth and regional expansion. This strategic partnership positions SMC as the exclusive representative for all Pannike and Partners matters within Kenya, ensuring seamless service delivery […]
What is Probate and Why Do You Need It? When someone passes away in Kenya, their property cannot simply be divided amongst family members. The law requires proper court authorisation before anyone can handle a deceased person’s assets. This legal process is called probate, and it protects everyone involved whilst ensuring orderly estate administration. The […]
A Will is a record of the deceased person’s wishes and intentions pertaining to the devolution of his property upon his death. A Will is a testamentary document and is meant to take effect upon death; it has no legal effect until the maker dies. Section 5 of the Law of Succession Act provides that […]
This guide breaks down key concepts in Kenyan succession law to help you navigate inheritance matters. • Succession – means inheritance or simply transmission of ownership of property from the deceased person to those who are still living. Therefore, succession law deals with how to distribute a deceased individual’s property. • Estate – means a […]
Medical negligence occurs when medical or healthcare professionals, such as doctors, diverge from the acceptable standard of care resulting in avoidable harm to a patient. An incorrect diagnosis or prescription dosage delayed or missed diagnosis, incorrect or unnecessary treatment or surgical errors are all types of medical negligence. It’s worth noting that these claims are […]
The Business Laws (Amendment) Bill, 2024 (the Bill) which is currently undergoing public participation is seeking to introduce legal provisions to increase the minimum core capital requirement for Kenyan banks and mortgage finance companies from KES 250 million to KES 10 billion within the next three years. The rationale being that banks with sufficient capital […]
Introduction On 14th October, 2024, the Central Bank of Kenya (the CBK) issued a press release confirming that in accordance with section 43 of the Banking Act (Cap 488, Laws of Kenya), it was granting authority to JPMorgan Chase Bank N.A., a financial conglomerate domiciled in the USA, to establish a Representative Office in Kenya. […]
Background On 17th October, 2024, the Business Registration Service (BRS), a state entity established under the BRS Act of 2015 issued a notice requiring companies to prepare and maintain a register of Beneficial owners by 30th November, 2024. This is in line with the Companies Act, 2015 and Companies (Beneficial Ownership Information) Regulations, 2020. The […]
While recognizing the Railway Bill’s potentially pivotal role in transforming the railway transport sector, we at SMC feel that there are certain key issues in the Bill that require reconsideration. 1. Lack of a clear Policy Direction on Private Sector Involvement. The Updated Integrated National Transport Policy of 2024 has references to attracting private sector […]
