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The Capital Markets (Alternative Investment Funds) Regulations, 2023

Alternative Investment Funds (AIFs) comprised of private equity funds, hedge funds and venture capitalist funds may soon be required to obtain licensing from the Capital Markets Authority (the Authority) in order to pool funds from investors in Kenya and beyond for investment in the Kenyan market. This is following ….Read more

Examining the Limited Liability Partnership Act, 2011 in Light of the Anti-Money Laundering and Terrorism Financing Laws (Amendment) Act, 2023. Introduction The Anti-Money Laundering and Combating of Terrorism Financing Laws (Amendment) Act, 2023 (the Amendment Act) was signed into law on 1st September 2023 and came into effect on 15th ….Read more

“No Automatic Compensation for Unfair Termination”: An Analysis of the Court’s Decision in Nyeri/ELRC/E048/2023 Dr. Eunice Njoki Mutahi Vs County Government of Kirinyaga and Others Introduction The Employment and Labour Relations Court (ELRC) has over the years of its existence been considered as a pro-employee court. Employers have often ….Read more

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 ….Read more

Proving Land Ownership in Kenya “There is no doubt that such proof will be on a balance of probabilities, but the court must be left in no doubt that the holder of the documents proved is the one entitled to the property.” Onguto, J, Caroline Awinja Ochieng & another ….Read more

Ondieki v Maeda (Petition E153 of 2022) [2023] KEHC 18290 (KLR) (Constitutional and Human Rights) In the recent case of Ondieki V Maeda (Petition E153 of 2022), the High Court rendered a judgment declaring that installation of CCTV cameras in a residential area is a violation of a person’s constitutional ….Read more

An analysis on Negligence in Loan Disbursements by Banks Brief Facts The High Court, in a landmark Judgment delivered on 26th May, 2023 in the case of Gulf African Bank Limited v Atticon Limited & 4 others (Comm. Case No. E086 Of 2019 ) held that a bank must conduct an ….Read more

The Capital Markets (Investment Based Crowding) Regulations, 2022 Introduction 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 ….Read more