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MWC Legal

The Capital Markets (Alternative Investment Funds) Regulations, 2023

Alternative Investment Funds comprised of private equity funds, hedge funds and venture capitalist funds may soon be required to obtain licensing from the Capital Markets Authority in order to pool funds from investors in Kenya and beyond for investment in the Kenyan mark..

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MWC Legal

A Win for Consumers – Court Awards Damages for Breach of Consumer Rights

In a recent High Court decision, Safaricom PLC (the Appellant) was condemned to pay KES. 452,868/= to Mr Ronald Wilson Kafwa (the Respondent), one of its customers being part of the amount of money lost by the Respondent from his M-pesa account after the theft of his mobi..

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MWC Legal

An analysis on Negligence in Loan Disbursements by Banks

The High Court, in a landmark Judgment delivered on 26th May, 2023 in the case of Gulf African Bank Limited v Atticon Limited and 4 others (Comm. Case No. E086 Of 2019 ) held that a bank must conduct an official search from the Companies Registry to fulfil it’s Know Your Cus..
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MWC Legal

Crowdfunding: The New Frontier of Investing in the Capital Markets

On the 30th September 2022, the Capital Markets (Investment Based Crowding) Regulations (the Regulations) were published vide Legal Notice No. 176 of 2022 in the Kenya Gazette in accordance with section 12 A of the Capital Markets Act, 1989 (the Act).

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MWC Legal

Landmark Judgement: The Onus of Proving Land Title Validity Shifts to the Buyer

The Supreme Court of Kenya recently rendered a landmark decision in the case of Dina Management Limited v County Government of Mombasa and 5 others (Petition No. 8 (E010) of 2021), on 21 April 2023, carrying far-reaching implications for property investors and stakeholder..

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MWC Legal

The Land Control Bill, 2022

The Land Control Bill, 2022 (the Bill) proposes to regulate various land transactions in relation to agricultural land. The Bill intends to repeal and replace the Land Control Act (Chapter 302) and seeks to..

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