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Never miss a beat on Africa's legal and regulatory landscape.

Kaplan & Stratton

Mandatory NSSF Contributions – NSSF Act, 2013

The Court of Appeal has, by a judgment delivered  on 3rd February 2023, upheld the mandatory contributions to the NSSF (the State Scheme) as prescribed in the NSSF Act, 2013.

While this is to  be implemented with immediate effect, we are aware that the j..

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Bowmans

Kenya: NSSF Act, 2013 declared constitutional by Court of Appeal, higher contribution rates now in effect

The Court of Appeal has set aside the judgment of the Employment and Labor Relations Court (ELRC) that declared the National Social Security Act, 2013 (NSSF Act) unconstitutional. 

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Kaplan & Stratton

The Draft Privatization Bill 2023

We are writing to update you on the recent publication of the draft Privatization Bill which was made available for public participation. The bill, if passed, will replace the current P rivatization Act, 2005. The objective of the bill is to provide a revised regulatory f..

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ENSafrica

Kenya delivers ground-breaking ruling on unauthorised disclosure of personal data

In January 2023, the Office of the Data Protection Commissioner delivered one of its first rulings under the Data Protection Act, 2019 since the commencement of its operations. The complaint pitted the partners of a firm, Allen Waiyaki Gichuhi and Charles Wamae against tw..

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MMAN Advocates

Electric Mobility in Kenya: an overview of regulatory and legal considerations

Electric Mobility means the use of electric power sources to power transport infrastructure. Global calls for action to address the adverse effects of climate change and increased awareness of sustainability issues have contributed significantly to the development and ado..

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Kaplan & Stratton

Capital Gains Tax Increase

The Finance Act 2022 (the “Finance Act) amended the Income Tax Act to increase the Capital Gains Tax (the “CGT”) payable from 5% to 15% which became effective on 1st January 2023. CGT is a tax charged on profits or gains accrued from transfer of property i.e. buildings, l..

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Bowmans

Kenya: It is discriminatory to provide different terms and conditions of employment to permanent and temporary employees in the same cadre

On 30 November 2022, the Employment and Labour Relations Court allowed a claimfiled by former temporary employees of KCB Bank Kenya Ltd alleging unfair labour practices and discrimination ..

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Webber Wentzel

January 2023 deadline to register Intellectual Property Rights with the Kenyan Anti-Counterfeit Authority looms

Businesses that export goods to Kenya, have until 1 January 2023 to register their Intellectual Property Rights (IPR) with the ACA. Failure to register will result in goods being stopped at the border as well as criminal and civil liability.

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IKM Advocates

Why digitising land records is vital

Kenya is often referred to as the “Silicon Savannah” given the role of ICT in economic growth. Technology continues to impact most sectors and their operations. While keeping up with this trend, the Government of Kenya (“Government”) through the Ministry of Lands and Phys..

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