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17. 08
2026
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Locus Standing for unregistered Foreign Companies in Kenyan Courts

In cross border commercial transactions involving Kenyan companies, it is common for foreign lenders, suppliers and investors extend money or credit to Kenyan companies without setting up a local branch or registering as a foreign company in accordance with the requirements under the Companies Act. The Court of Appeal in Stichting Rabobank Foundation v AVA […]
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05. 08
2026
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Civil Forfeiture in Kenya: Key Principles on interpretation from Supreme Court

On 19 June 2026, the Supreme Court of Kenya delivered a judgment in relation to legal processes on civil forfeiture. It held that before property can be frozen by the authorities there must be justification transcending suspicion. The Court dismissed consolidated appeals in EACC & ARA -versus- Pamela Aboo SC Petition NO. E044 OF 2024 […]
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07. 07
2026
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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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25. 05
2026
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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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20. 03
2026
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From Guarded Exception to Emerging Norm: Constructive Trust and the Gradual Erosion of Indefeasibility of title

For decades, Kenyan courts have affirmed that registration, while conferring legal ownership, does not necessarily extinguish equitable interests arising from overriding interests including trusts. However beneath this apparent doctrinal clarity lies an increasingly delicate tension between certainty of title and the demands of equity. The Court of Appeal’s early pronouncements in Mbothu v Waitimu and […]
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