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CORPORATE AND COMMERCIAL

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CORPORATE AND COMMERCIAL
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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09. 02
2026
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Road Traffic Accident claims not subject of Small Claims Court jurisdiction: Recent Jurisprudential Developments

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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24. 11
2025
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High Court Affirms the Centrality of i-Tax in Lodging Valid Tax Assessment Objections

In a judgment delivered on 27th October 2025, the High court, declared that for a tax assessment objection to be valid, it must be submitted through the itax platform. Consequently, any objection submitted outside the iTax portal whether by email, physical delivery, or other informal means does not meet the legal threshold for a valid […]
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