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

KN Law

Application of the In Duplum Rule in Kenya

The High Court held the in duplum rule in Section 44 of the Banking Act does not apply to non-deposit taking microfinance institutions.[i] The rule limits interest accrual to equal the principal amount outstanding when a loan becomes non-performing. We a..

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KN Law

High Court Muddies the Waters on Enforcing Lending Securities

A recent High Court ruling will have lenders scratching their heads on how to best secure facilities they issue and enforce full repayment. The High Court, in a decision we expect to be challenged, held a lender who had been allowed to purchase the property securing ..

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Bowmans

Africa Guide to Cryptocurrencies

Although regulators around the world remain sceptical about recognising virtual currencies as legal tender, cryptocurrencies are already an established phenomenon and are here to stay.

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IKM Advocates

Supreme Court sets down standard guidelines on factors to be considered whilst making an order for security for costs

The Supreme Court on 17 February 2023 delivered a judgment in the case of Westmont Holdings SDN BHD v Central Bank of Kenya & 2 others [Petition No. 16 (E023) of 2021] (the Westmont Case) in which it outlined stand..

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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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