What is the process of registering a short-term rental? 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...Read More

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...Read More

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...Read More

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...Read More

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...Read More

This is the second part of SMC’s two-part series on the regulatory framework of Carbon Trading in Kenya. In this segment, we cover the laws and Bills that speak to carbon trading proper. The Bill was passed into law on 1st September, 2023 and is now the Climate Change Amendment Act 2023. It seeks to...Read More

Introduction This is Part One of a two-part series, delving into the legal framework governing carbon projects and carbon trading in Kenya, and a thorough examination of the key proposed legislations in the sector The inaugural Africa Climate Summit held in Nairobi was recently concluded. In its wake, there has been interest in Kenya’s carbon...Read More

Kenya has fast become one of the leading startup hubs in Africa. With a rapidly growing and dynamic entrepreneurial landscape, Kenya’s silicon savannah has experienced tremendous growth over the past decade.Read More

Arbitration is an alternative to litigation as a means of resolving disputes. It is a non-judicial process where the arbitrator as an independent third-party makes a binding decision after hearing testimony and examining the evidence in respect of the dispute.Read More

A. Commercial leasing and controlled tenancies What is a controlled tenancy? A controlled tenancy is a type of commercial lease that comes about under the operation of the provisions of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, (Cap 301, Laws of Kenya) (the “Act”). The Act defines a “controlled tenancy” to mean...Read More