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...Read More

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...Read More

What is a share buyback? 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...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

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