Background The validity of the National Social Security Fund Act No. 45 of 2013 (“2013 NSSF Act”) has been the subject of protracted litigation. The key developments are summarized below. In September 2022, the Employment and Labor Relations Court (ELRC) declared the 2013 NSSF Act unconstitutional on several grounds, including that the Bill was not...
KENYA’S PUBLIC BENEFIT ORGANIZATION REGULATIONS 2026 Introduction The Public Benefits Organizations Act, 2013 (the Act) replaced the Non-Governmental Organizations Co-ordination Act, 1990 to modernize Kenya’s regulatory framework for charitable and public benefit entities. On 18 March 2026, the Cabinet Secretary for Interior and National Administration gazetted the Public Benefit Organizations Regulations, 2026 (the Regulations) under...
Overview Executive summary The Finance Bill, 2026 (the Bill) was tabled before the National Assembly on 5th May 2026 and is currently undergoing public participation. It proposes amendments to various tax laws. Most changes are proposed to come into force on 1st July 2026, while some will be effective from 1st January 2027. This Alert...
Overview The Capital Markets Authority (CMA) recently published the Capital Markets (Licensing Requirements) (General) Regulations, 2025 (the 2025 Regulations) marking a significant development in Kenya’s capital markets framework that repealed the previous regime introduced in 2002. The 2002 regime was developed for a market characterised by clearly delineated intermediaries, exchange-centric trading and limited technological intermediation....
Kenya is considering introducing local content quotas for foreign companies operating in the country. While previous efforts to promote local value chains have been policy-based, the draft Local Content Bill seeks to introduce enforceable obligations backed by significant financial and criminal sanctions. It proposes to give affected businesses at least one year to plan for...
Kenya Corporate & Commercial Legal Landscape: 2025 Review and 2026 Outlook Overview The corporate and commercial environment in Kenya in 2025 was defined by execution catching up with policy. Legislative reforms that had been signalled for several years began to translate into transactions, enforcement activity, and capital deployment. Businesses operated in a more structured...
Immanuel Nzaku has over seven years of experience in corporate and commercial legal practice. His areas of expertise include mergers and acquisitions, private equity, capital markets and regulatory compliance. He has a demonstrated aptitude in structuring and executing complex transactions, cross-border deal advisory, joint ventures, group reorganisations and general corporate commercial work. Biography Immanuel advises...
We are proud to share that our firm has been recognized in the IFLR1000 2025 Rankings, reaffirming our strong position in the legal market and our consistent commitment to excellence. IFLR1000 2025 Firm Recognition 2025 IFLR1000 Recommended Firm 2025 IFLR1000 Recognized Firm Ranked for 3+ consecutive years Ranked Practice Areas Our expertise has been recognized...
A recent High Court decision (Stichting Rabo Bank Foundation v Ava Chem Limited & Another [2024] KEHC 9931 (KLR)) has reignited debate on whether foreign companies not locally registered can sue and presumably be sued in Kenyan courts. This decision was based on interpretation of provisions of the Companies Act, 2015 on the threshold for...
On August 02, 2022, an article written by Emmanuel Mueke, Partner was published on the Business Daily making a case for restructuring insolvent entities. The article demonstrated how giving a second chance to insolvent businesses can be a win-win for all stakeholders of a business; from suppliers and creditors to employees and shareholders. To find...
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