Introduction While the economic downturn globally has seen a rise in loan defaults, there has been a rise in cases where individuals claim they have not defaulted on loan payments but are nonetheless adversely listed with credit reference bureaus (CRBs). Banks, microfinance banks and other credit providers have a legal obligation to forward to the […]
On 14th May, 2024, more than 10 years after its passing, the Public Benefits Organisation Act, 2013 has been brought into effect. This will bring much needed change to the non-profit landscape in Kenya. Generally, the type of non-profit entity that a person chooses depends on what activity or function you want the non-profit to […]
Every so often a case like the recent Erdemann case pops up and Kenyans are aghast. How can a court give a bank the right to auction off properties that have been seemingly sold off to homeowners by a developer? The situation is regrettable but the cause of this is simple enough: buyers on average […]
While Nairobi Governor Sakaja’s March 2024 declarations that developers would be allowed to build over 25 floors drew mixed reactions, the fact is that since Otis invented the lift, vertical cities have been thought of as a foregone conclusion. According to the Council on Tall Buildings and Human Habitat which provides data on high-rise buildings, […]
A share buyback is a purchase by a company of its own shares from a shareholder. One of the main reasons for a company to purchase its own shares is to return surplus cash to shareholders. An obvious advantage of a company implementing a share buyback is that it pays the shareholders to buy back […]
Unfortunately in Kenya, no unified framework exists for the registration of short-term rentals. A reason for this might be that the proliferation of short-term guest accommodation has been a very recent phenomenon spurred by the entry of online platforms such as Airbnb and Booking.com. Even countries in Europe such as England and Scotland have only […]
What are time limitations and why do they exist? There are instances where a person may institute a claim in court and the suit is subsequently struck out because it is time barred. This is because Kenya’s Limitation of Actions Act, amongst other pieces of legislation, fixes a time limit within which an action must […]
At present, the housing gap in Kenya stands at 250,000 annually and rising. A burgeoning middle class and rapid urbanization have resulted in heavy demand for housing. Off-plan sales, which have had success in multiple jurisdictions have had a rocky history in the country. From the Simple Homes Housing co-operative debacle of 2017 to the […]
Until the year 2019, Kenya did not have a legislative framework regulating data privacy in the country save for the constitutional guarantees on privacy. Now, our data protection regime is underpinned by the Data Protection Act. The Data Protection Act was enacted to give effect to Article 31 of the Kenyan Constitution which speaks to […]
Due diligence refers to the process of investigating and verifying information about an asset before transacting on it. In terms of land, the key objective of due diligence is to thoroughly inspect every relevant aspect of a property, its owner, and the owner’s compliance with any restrictions, terms, and conditions on which the property is […]
