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07. 07
2026
By Cyril Kubai BUSINESS LAW, CORPORATE AND COMMERCIAL, GOVERNMENT No Comments

Foreign Exchange Losses on Debt-to-Equity Conversions are Tax Deductible

In a judgment delivered on 12 June 2026, the Court of Appeal answered a question that had long unsettled corporate taxpayers in Kenya: where a foreign currency loan is repaid through shares rather than cash, can the resulting foreign exchange loss be deducted for income tax purposes? The Court’s response to this was in the […]
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04. 06
2026
By Cyril Kubai EMPLOYMENT, GOVERNMENT No Comments

Why court declined to stay the Judgement on unconstitutionality of the NSSF Act of 2013

Millions of Kenyan workers and employers escaped higher pension deductions after the Court of Appeal in NSSF Board of Trustees v Kenya Tea Growers’ Association & 14 Others, Civil Application No. E656 of 2022 declined to suspend a ruling that had declared the National Social Security Fund Act No. 45 of 2013 unconstitutional. In a […]
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25. 05
2026
By Cyril Kubai CIVIL RIGHTS, EMPLOYMENT No Comments

Your Pension Belongs to You: Supreme Court Settles the Debate on Pension Funds and Public Procurement

The recent Court of Appeal decision in Kanwal Sarjit Singh Dhiman v Keshavji Jivraj Shah (Civil Appeal E380 of 2023) [2025] KECA 1264 (KLR) offers crucial guidance on the enforcement of high-interest loan agreements and the limits of party autonomy in the face of unconscionable contractual terms. The case centred around a loan advanced in […]
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11. 10
2024
By Cyril Kubai CIVIL RIGHTS, GOVERNMENT No Comments

Introduction of the Digital Nomad Permit in Kenya: The Kenya Citizenship & Immigration (Amendment) Regulations, 2024

On 1st October, 2024 the Cabinet Secretary for Interior and National Administration gazetted the Kenya Citizenship and Immigration (Amendment) Regulations, 2024. The amendment introduces a new type of permit, Class N, “the Digital Nomad Permit.” This is in addition to the existing permits prescribed under the Regulations. The Digital Nomad permit is available to “a […]
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26. 09
2024
By Cyril Kubai CORPORATE AND COMMERCIAL 1 Comment

Right of Salvage: Insurer’s duty under the Data Protection Act

Evidently, from the documents submitted to this Office, the 1st Respondent did not fullfill this obligation as they transferred and shared the Complainant’s personal details with third parties for purposes of transfer of the salvage vehicle. –  Immaculate Kassait  –   Introduction Insurance companies exercising the right of salvage will now be required to be […]
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Recent Posts

Foreign Exchange Losses on Debt-to-Equity Conversions are Tax Deductible
July 7, 2026

Foreign Exchange Losses on Debt-to-Equity Conversions are Tax Deductible

Why court declined to stay the Judgement on unconstitutionality of the NSSF Act of 2013
June 4, 2026

Why court declined to stay the Judgement on unconstitutionality of the NSSF Act of 2013

Your Pension Belongs to You: Supreme Court Settles the Debate on Pension Funds and Public Procurement
May 25, 2026

Your Pension Belongs to You: Supreme Court Settles the Debate on Pension Funds and Public Procurement

From Guarded Exception to Emerging Norm: Constructive Trust and the Gradual Erosion of Indefeasibility of title
March 20, 2026

From Guarded Exception to Emerging Norm: Constructive Trust and the Gradual Erosion of Indefeasibility of title

Recent Comments

  • Peter on Fraud Demands Proof, Not Assumption: Court of Appeal Protects Registered Titles
  • Rodah Ndolo on Recalibrating Land Governance in Kenya: The Implications of the Land Laws (Amendment) Act, 2023
  • Grandeur Cerrulo on Digital Lenders Standing at the Small Claims Court in Kenya
  • Stacey on Claims for refund of rental deposit are subject of the Small Claims Court’s jurisdiction
  • Lilian on Compliance with the Data Protection Act by Digital Credit Providers

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