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25. 07
2025
By Samwel Chumba BUSINESS LAW, CORPORATE AND COMMERCIAL No Comments

Freedom of Contract and Unconscionable interests Rates; Court of Appeal’s ‘final say’

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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18. 04
2025
By Samwel Chumba CORPORATE AND COMMERCIAL, REAL ESTATE No Comments

VAT is payable on sale of Commercial Property: A bubble busted for Property Developers

In a defining judgment for Kenya’s tax and property law sectors, the Court of Appeal in Kenya Revenue Authority v. David Mwangi Ndegwa [2025] KECA 510 (KLR) has clarified that Value Added Tax (VAT) is payable on the sale of commercial premises. This decision settles a long-standing debate on the interpretation of paragraph 8 of […]
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31. 01
2025
By Mercy Mumbe CIVIL RIGHTS, CORPORATE AND COMMERCIAL, GOVERNMENT No Comments

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
By Lydia Soi CORPORATE AND COMMERCIAL, GOVERNMENT 1 Comment

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
By Samwel Chumba BUSINESS LAW, CORPORATE AND COMMERCIAL 1 Comment

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
By Samwel Chumba BUSINESS LAW, CORPORATE AND COMMERCIAL No Comments

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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Civil Forfeiture in Kenya: Key Principles on interpretation from Supreme Court

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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
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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

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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