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Introduction Afrasia Bank Limited won its appeal to the High Court against an arbitrator’s refusal to find the Transfer of Businesses Act (the Act) applicable to the transfer of part of the assets and liabilities of Chase Bank Kenya Limited under receivership to SBM Bank (Kenya). We analyse this case below. Facts In 2016 Afrasia...

A recent decision from the Retirement Benefits Appeals Tribunal highlights the pitfalls of updating scheme documents. Updates while necessary to reflect current law, policy, and best practices can lead to undesirable consequences. Former employees of Standard Chartered Bank Kenya successfully challenged reduced pension benefits and had the bank ordered to repay a KES 1 billion...

The Cabinet Secretary Finance recently gazetted the Capital Markets (Whistleblower Regulations) 2022 to give effect to the amendments to the Capital Markets Act (the Act) in 2018 by setting up a framework for the payment of rewards to whistleblowers. The  amendments to the Capital Markets (Conduct of Business) (Market Intermediaries) Regulations 2011, will enhance access...

Introduction On April 04, 2022, the Cabinet Secretary for the National Treasury and Planning introduced changes to the Regulations governing pensions. The changes that are highlighted below were introduced through Legal Notices Numbers 71, 73 and 74 of 2022 and affect Individual Pension Plan Schemes (IPPS), Occupational Retirement Benefits Schemes (ORBS), and Umbrella Retirement Benefits...

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...

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 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...

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...

By Executive Order Number 2 of 2018 issued by the President on 14 June 2018, all Kenyan government entities and public owned institutions were required to publish full details of tenders and awards from July 01, 2018. The Order required public entities to disclose details including the particulars of the suppliers including owners, directors and...

In our June 2021 Newsletter we reviewed the draft regulations made under the Data Protection Act. These draft regulations were the Data Protection (General) Regulations, 2021, the Data Protection (Compliance and Enforcement) Regulations, 2021, and the Data Protection Regulations (Registration of Data Controllers and Data Processors) Regulations, 2021. They had been published for public participation....