2022, the Year of the Tiger, is settling into an interesting rhythm. In the Chinese Zodiac, tigers are associated with ambition, justice, courage, and assertiveness. The year has definitely asserted its will on our lives, what with the direction the global economy is taking and new waves of Covid-19 forcing reintroduction of public health measures....
Recordation of Intellectual Property Rights by the Anti-Counterfeit Authority The Anti-Counterfeit Act (the Act) requires recording of intellectual property rights (IPRs) relating to imported goods with the Anti-Counterfeit Authority (ACA). This process is known as recordation. Recordation applies to all forms of intellectual property and irrespective of where they are registered. Consequently, trade importation of...
Introduction The High Court on April 28, 2022, quashed The National Construction Authority (Defects Liability) Regulations 2022 (the “revoked Regulations”). The revoked Regulations proposed to regulate defects liability periods applicable to commercial buildings by setting out statutorily mandatory minimum patent and latent defects liability period. The Regulations among other things sought to define minimum Defect...
Introduction In our recent article on Recent Changes to Trustee Perpetual Succession Act (accessible here) we had mentioned that we will provide an update once Parliament passes changes to the Perpetuities and Accumulations Act (the “Act”). Generally, the Act deals with the legal rules touching on perpetuities and excessive accumulations in trusts. Perpetuities or the...
On April 04, 2022 the President signed into law amendments to the Copyright Act, the Employment Act, the Kenya Deposit Insurance Act, and the Industrial Training Act. We discuss the important changes introduced below. Copyright (Amendment) Act, 2022 This amends the Copyright Act to provide for a revenue sharing formula for proceeds from Ring Back...
Introduction The Dispute Resolution clause is one of the key clauses in a contract and typically a point of protracted negotiations particularly in complex contracts. Contracts in the construction industry are no different. To streamline negotiations between potential parties to a construction contract, various industry specific organisations prescribe standard form contracts. One of those contracts...
Introduction The National Land Commission (Amendment) Bill, 2022 (the “Bill”) seeks to amend sections 14 and 15 of the National Land Commission Act (the “Act”). Section 14 of the Act gave the Commission the mandate to review grants or dispositions of public land to establish their propriety or legality within 5 years from the date...
Introduction The Central Bank of Kenya (Amendment) Act, 2021 empowered the Central Bank of Kenya (the “CBK”) to regulate digital credit providers. Our analysis of the Amendment Act is here. The CBK has now published the Central Bank of Kenya (Digital Credit Providers) Regulations, 2022 (the Regulations) setting out the licensing procedure and compliance requirements...
Hello from our firm…. As the world steadfastly adjusts to our “new normal” and tries to blend it with the normal we once knew and sometimes long for, KN Law LLP is pleased to share our first quarterly review of 2022. In the midst of the constant developments in the legal world since January, we’ve...
Introduction The Kenya Film Classification Board (KFCB) has invited public comments on its draft framework on the regulation of distribution and exhibition of content in Kenya (the “Framework”). KFCB is established under the Film and Stage Plays Act (Cap 222) to regulate the creation, broadcasting, possession, distribution and exhibition of films in Kenya. The proposed...
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