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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...
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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...
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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...
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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.
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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.
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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...
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A high fashion model in Paris wearing a Turkana head dress, a luxury brand pen maker naming a limited edition pen as “Maasai”, a hotelier incorporating Mijikenda cultural symbols and artefacts as part of his hotel decor or a pharmaceutical company basing its creation of a drug on the traditional herbal remedies of certain local...
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