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 November 26, 2021 the Cabinet Secretary for Lands and Physical Planning gazetted various regulations (the “Regulations”) under the Physical and Land Use Planning Act, 2019 (the “Act”) and they include: The Physical and Land Use Planning (Development Permission and Control) (General) Regulations, 2021; Physical and Land Use Planning (Development Control Enforcement) Regulations, 2021;...
Introduction The Ministry of Lands and Physical Planning published a list of titles within Nairobi County whose land reference numbers have been converted to new parcel numbers. Landowners of the listed titles can now apply for new titles on the Ardhi Sasa portal: https://ardhisasa.lands.go.ke. How can we help? Landowners This includes landowners of vacant land...
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...
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...
On the 25th to 27th of July 2022, KN Law, represented by Mugambi Murithi, Patricia Wanjama and Charles Kivuva, partnered with the Strathmore Law School’s Law Clinic in offering free legal services to the public during their Legal Aid week. This is part of Strathmore Law School’s 10th year anniversary celebrations. Not only did the KN Law team...
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...
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