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CORPORATE AND COMMERCIAL

31. 01
2025
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Bonga points earned are customer’s property: High court decrees

On 27 th November, 2024, the High Court in Nairobi delivered judgment in Benjamin versus Safaricom PLC and 2 others (Petition No. E554 of 2022). In the judgment, the court held that bonga points awarded to a subscriber are the customer’s property and Safaricom PLC ceases to have rights over them once awarded. The background […]
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06. 12
2024
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Compliance with the Data Protection Act by Digital Credit Providers

High court upholds an award of monetary compensation to third parties whose data privacy rights were violated by a digital credit provider. Digital Credit Providers (DCPs) also known as digital lenders, are business entities that provide loan services through the internet, mobile services, applications or other digital systems as may be prescribed by a bank. […]
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29. 11
2024
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Legal shifts in the business landscape in Kenya: Business Laws Amendment Act (2024)

The Business Laws (Amendment) Bill, 2024 (available at https://kenyalaw.org/kl/fileadmin/pdfdownloads/bills/2024/TheBusinessLaws_Amendment_Bill_2024.pdf ) introduces a raft of changes to key statutes governing business, investment, finance, manufacturing, and labour relations in Kenya. This Bill aims to position Kenya as a globally competitive economy by promoting transparency, protecting local industries, and fostering an inclusive investment climate. However, these amendments impose […]
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08. 11
2024
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Beneficial ownership information: Obligations for Companies and Limited Liability Partnerships

“The conduct of the respondent leading into the investigations of the claimant’s private life in the context of matters ongoing at the workplace is not justified” Hon. Justice Monica Mbaru Introduction On October 1, 2024, the Employment and Labour Relations Court (ELRC) sitting in Mombasa delivered a judgment which explored the right to privacy of […]
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27. 09
2024
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When love meets Labour Law: Legal considerations and policy recommendations for managing workplace relationships

“Employers must leave the Bill and Melinda Gates within their undertakings to grow, and to find themselves in each other, while they continue to be productive to the business.” -Hon. James Rika- Introduction Navigating the balance between personal freedoms and professional conduct at the workplace is an increasingly complex issue in employment law. This issue […]
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26. 09
2024
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Revision of interest rates is subject to section 44 of the Banking Act: Supreme Court’s final word

On 27th June 2024, the Supreme Court delivered a judgment in Supreme Court Petition No. E005 of 2023, Stanbic Bank Kenya Limited versus Santowels Limited. In the judgment, the Court held that interest rates on loans and banking facilities are subject to regulatory control under section 44 of the Banking Act Cap 488 Laws of […]
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