LEGAL ALERTS

by Guto Mogere, Ronald Makokha, Dennis Nkarichia & Christopher Munene I. Introduction The COVID-19 pandemic erupted as an unprecedented global crisis that fundamentally disrupted commercial and contractual relationships worldwide. As businesses faced government-mandated lockdowns, supply chain collapses, and dramatic shifts in market conditions, parties found themselves unable to perform contractual obligations through no fault of […]

by Bella Onyango & Christopher Munene 1.Introduction. At the recently held African Construction Law Conference in Nairobi, the spotlight was firmly placed on the future of infrastructure delivery of mega projects across the continent. Africa’s construction sector is buzzing with activity—from Kenya’s Lamu Port,[1] the Standard Guage Railway (SGR) and Nairobi Express way, to Ethiopia’s

By: Wambui G. Muigai, Brenda Nyabinge & Victor Wanjohi From the days of simple hand tools to the era of high-speed internet and artificial intelligence, the workplace has undergone an incredible transformation. During the Industrial Revolution, labour was intensive and demanding, with workers depending on grit and the proverbial ‘blood, sweat, and tears’ to get

by: Emmanuel Wetang’ula, Dennis C. Mungai, Patrick Nguri & Thandie Wanjiru Introduction The institution of arbitration stands at a critical crossroads in Kenya’s evolving legal landscape. As an alternative dispute resolution mechanism increasingly favoured for its expedition, party autonomy and confidentiality, arbitration simultaneously faces a fundamental paradox that threatens to undermine its jurisprudential maturity.[1] The

by: Muigai Githu, Patrick Nguri & Sumeiya Yunis Introduction The Kenya Virtual Assets and Service Providers (“VAPS”) Bill 2025 came up in response to the prominence of virtual assets in Kenya and the evident need for a comprehensive regulatory framework to oversee their use. Previously, regulatory issues regarding crypto assets and related activities were dealt

by: Gabriel Mwangi, Carolyne Kaunda, Margaret Wanjiru & Sumeiya Yunis Introduction Kenya, like many other countries, is experiencing rapid advancements in Artificial Intelligence technologies, which are being used across various sectors including banking, healthcare, education, transportation, and government services. While Artificial Intelligence presents significant opportunities for economic growth and development, it also brings considerable challenges

by: Guto Mogere, Ronald Makokha, Dennis Nkarichia & Cristopher Munene Introduction In the quiet solemnity of a Nairobi courtroom, a legal principle as old as the common law itself faced its most modern challenge. The affidavit, a sworn testimony foundational to judicial decisions for centuries, found itself interrogated not for its content, but for the space in

by: Geoffrey Imende & Victor Wanjohi Introduction Arbitration has long been a preferred dispute resolution mechanism in Kenya, valued for its efficiency, flexibility, and confidentiality. However, in the recent past, a growing trust deficit—driven by concerns over arbitrator incompetence, corruption or rising arbitrator fees—has led to a decline in its popularity. This erosion of trust

by: Naomi Wangari & Patrick Nguri Introduction The right to accessible and affordable housing, being a social and economic right, can only be realized progressively. Like other social and economic rights under Article 43 of the constitution, it requires the State to act through legislation, policy, or initiatives for its progressive realization. As held by

by Geoffrey Imende & Esther Moraa Introduction Former United Nations Secretary General, the late Kofi Annan, was involved in international interventions in post-conflict regions such as Rwanda, the Balkans, and Sierra Leone. He appreciated that the international criminal justice system is insufficient in addressing the complex, localized needs of these societies. Instead, he suggested, local

by: Muigai Githu, Patrick Nguri & Aida Muthoni Introduction Africa is on the cusp of a period of unprecedented economic integration, with the ambitious goal of uniting diverse economies under a single, coherent economic market with the aim of eliminating trade barriers, boosting intra-Africa trade and fostering competition. In March 2018, member states of the

by: Batula A. Adan & Joan Mbodze Introduction Off plan sale is an appealing option for many real estate investors, allowing them to purchase properties that are yet to be constructed. This method offers the advantage of securing a property below its market value at the outset, with the potential for significant appreciation by the

by: Carolyne Kaunda & Joan Mbodze Introduction Kenyans revere land. It is not just a preferred tool of investment and pathway to wealth creation; it is also a deeply rooted symbol of security. One that echoes the famous Hebrew proverb, “He is not a full man who does not own land”. But given the history

by: Lucy Kibachia & Michelle Njuguna Introduction Navigating the complexities of short-term leases requires a clear understanding of legal definitions, rights, and obligations. Whether you are a landlord considering leasing out property or a tenant seeking short-term accommodation, grasping the nuances outlined in Kenyan law can significantly impact your decisions and outcomes. Definition of Lease

by: Sharon Buyanzi & William Ngaruiya Introduction A joint venture (“JV”) is a business arrangement under which two or more parties come together to undertake a project by pooling their resources together. In real estate, a joint venture typically involves a developer and an owner of land. Joint ventures with reputable developers are very key

by: Geoffrey Imende, Wambui G. Muigai & Brenda Nyabinge Introduction In the wake of the unprecedented devastation caused by the recent floods in Kenya, the impact of climate change on our weather patters can no longer be ignored. Cycle after cycle, we are reminded that our conservation efforts through afforestation and reafforestation are insufficient to

by: David Angwenyi I got the idea to do this short write up from a press conference held by the Kenyan Cabinet Secretary for Public Service, Hon. Moses Kuria. Now, before you stop reading this or find something else to do, I want to assure you that you might learn something from it. Hon. Kuria

by: Aluoch Owuora, Joan Mbodze & Haron Makhanu Conveyancing is like a ladder, each rung seamlessly builds upon the last. If you miss a rung, you risk halting your ascent or even falling back to the beginning. If you happen to fall to the beginning, you are looking at damages. Alternatively, let us think of

by: Geoffrey Imende & Esther Moraa Introduction The term “artificial intelligence” was first coined in 1956 during the Dartmouth Summer Research Project on Artificial Intelligence. During the conference, John McCarthy proposed the term “artificial intelligence” to describe the field of study focused on creating machines that can perform tasks that require human intelligence. Since then,

Introduction In 1939, Winston Churchill, the then-First Lord of Admiralty of his Majesty’s Government, described the Soviet Union as, “A riddle wrapped in a mystery inside an enigma.” I believe that were he alive today, he would not object if I used the same words to describe the Kenyan understanding of conflict of interest. In

In the annals of legal history, the year 1824 marked a pivotal moment. It was the year that the oldest legal Scottish distillery was founded in Moray, Scotland and it has operated continuously save for a stint during World War II. The distillery remains open to date. 1824 was also the year when Lord Borrough

On 7th July 2023, the Court of Appeal at Malindi in Criminal Application No.12 of 2021 – Julius Kitsao Manyeso vs. Republic, determined as follows:- “….. the reasoning in Francis Karioko Muruatetu & Another v Republic [2017]eKLR equally applies to the imposition of a mandatory indeterminate life sentence, namely that such a sentence denies a

IntroductionThe new Constitution 2010 ushered with it a paradigm shift towards the concept of access to justice. Article 159 (2) (c) provides that in exercising judicial authority, the Courts and tribunals shall be guided by a set of principles, among them, promoting the use of alternative dispute resolution, including; arbitration, reconciliation, mediation and traditional dispute

by Gabriel Mwangi In Shakespeare’s The Merchant of Venice, Bassanio found himself in a spot of bother, as my colleague Guto Mogere habitually says. He urgently needed money to woo Portia, which Guto doesn’t habitually lack (i.e., neither money nor Portias to woo). Bassanio enlisted the help of his friend, Antonio – a good man