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The Draft Data Protection Regulations, 2021

Introduction The Cabinet Secretary for Information, Communication, Technology, Innovation and Youth Affairs issued regulations under the Data Protection Act, 2019 (the “Act”) for public participation and consultation. The regulations issued are the draft Data Protection (General) Regulations, 2021 (the “Draft General Regulations”); the draft Data Protection (Compliance and Enforcement) Regulations, 2021 (the “Draft Compliance Regulations”);...

The Public Private Partnerships Bill, 2021

The enactment of the Public Private Partnerships Act (No. 15 of 2013, Laws of Kenya (the “Act”) provided the participation of the private sector in the financing, construction, development, operation and maintenance of infrastructure projects of the government. The Act brought much-needed improvement and haste in the completion of infrastructure projects. The Act was lauded...

Investing in Kenya

Kenya remains an attractive investment destination for various reasons. The government has been undertaking various policy and legislative initiatives with a view to improving ease of doing business. The enactment of several business laws in the recent past, digitisation of company and land records, among other initiatives, have seen Kenya’s ranking improve from 61 in 2018 to 56 in 2019, among 190 economies in the ease of doing business.

The National Construction Authority (Defects Liability) Regulations, 2020

Introduction The National Construction Authority (Defects Liability) Regulations, 2020 (‘the Regulations’) have been published. They shall be effective upon approval by parliament. The Regulations apply to commercial buildings. Commercial Buildings are defined as premises occupied wholly or partially for trade, business or for rendering services for money or its worth. We summarize below, key aspects...

Corporate M&A 2020

There are instances where shareholders may interfere with the completion of M&A transactions. This is particularly so where the terms are not considered favourable to them, with regard to, for example, the offer price or the acquirer’s intentions for the target once the transaction is complete.

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