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An Overview of Electronic Signing in Kenya

Introduction The constant progression of technology through innovations continues to revolutionize how people live and work. One key technological development is the emergence of electronic signatures (e-signatures) and advanced e-signatures. The use of these in place of written signatures has increased significantly recently. The Kenya Information and Communications Act (KICA), is the primary law governing...

The Central Bank of Kenya (Amendment) Act, 2021

Introduction The Central Bank of Kenya (Amendment) Act (the “Amendment Act”) was assented into law on December 07, 2021. Its effective date was December 23, 2021. Its principal objective is to regulate and bring the provision of credit or loan facilities through digital channels under the supervision of Central Bank of Kenya (CBK). Rationale With...

The Public Private Partnership Act, 2021

Introduction The Public Private Partnership Act, 2021 (the Act) which came into effect on December 23, 2021 provides for the participation of the private sector in the financing, construction, development, operation or maintenance of infrastructure or development projects through public private partnerships. The objects of the Act include: To prescribe procedures for participation of the...

Recent Changes to Regulations Governing Retirement Benefits Schemes

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...

Business Registration Service Amendment Bills

Introduction The Business Registration Service (“BRS”) published for public consultation several bills in an effort to address current legislative gaps and harmonise the business regulatory framework. The bills published were the Insolvency (Amendment) Bill, 2021; the Hire Purchase (Amendment) Bill, 2021; the Companies (Amendment) Bill, 2021; the Registration of Business Names (Amendment) Bill, 2021; the...

Regulation of Abuse of Buyer Power in Kenya Takes Shape – Part 1

Introduction On April 20, 2021, the Competition Tribunal (“the Tribunal”) delivered a key decision in Majid Al Futtaim Hypermarkets Limited vs Competition Authority of Kenya and Orchards Limited (the “Carrefour Decision”). Two months later, the Competition Authority of Kenya (CAK) gazetted the Retail Trade Code of Practice (the “Retail Code”). These two developments shape how...

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...

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