Introduction The rise of technology is causing a re-think of what can be used as collateral. Capital providers when asking for security are shifting focus from tangible assets to valuable intangible assets. These most commonly take the form of intellectual property rights and particularly copyrights and trademarks. What is intellectual property? Intellectual property refers to...
Introduction The Guidelines on Share Buybacks for Listed Companies published in the Kenya Gazette on November 12, 2021 provide the framework for implementation of Part XVI of the Companies Act 2015 by listed companies. Section 447 of the Companies Act allows limited companies to acquire their own shares, provided certain conditions are met. The shares...
Introduction The Cabinet Secretary for National Treasury and Planning has through Legal Notices Numbers 163, 164, and 165 of 2021 made changes to the regulations in respect of Individual Pension Plan Schemes (“IPPS”), Occupational Retirement Benefits Schemes (“ORBS”), and Umbrella Retirement Benefits Schemes (“URBS”). We analyse the changes below. Common Changes Where a retirement benefit...
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...
The Competition Authority of Kenya (“CAK”) has published draft Guidelines (the “Guidelines”) on Joint Ventures (“JVs”) to provide clarity and certainty on the competition regulatory framework in respect of JVs.
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 Business Laws (Amendment) Act, 2020 (the “Act”) was assented to by the President and commenced on March 18, 2019. The Act amended several Acts of Parliament.
The Finance Act, 2019 (the Act) was assented to by the President on November 7, 2019. The Act introduces policy and taxation measures for revenue generation in the financial year 2019/2020 for government’s expenditure as well as to support the Big Four Agenda.
In this briefing, we discuss the Law of Contract (Amendment) Bill, 2019, passed by Parliament on September 18, 2019 and now awaiting presidential assent.
The draft Value Added Tax (Electronic Tax Invoice) Regulations, 2019 (the “Draft Regulations”) have been published by the National Treasury in compliance with the requirement for public participation under the Constitution
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