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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 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...

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...

Introduction In June 2021, the Competition Authority of Kenya (CAK), gazetted the Retail Trade Code of Practice (the “Retail Code”). The Retail Code is intended to address buyer power abuse issues specific to the retail industry. CAK is empowered by the Competition Act, 2010 (the “Act”) to require vulnerable industries or sectors to adopt a...

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...