Reasonable expectation is the objectively justified belief in the likelihood of some future events generated by a legal right under a contract. In Mohan’s Oysterbay Drinks Limited v BAT (K) Limited Comm. Case No. 90 of 2014, the court held that the principle cannot be construed in the absence of a contractual relationship between parties …
The legal regime for registration of public benefit organizations (previously referred to as non-governmental organizations) was governed by the Non-governmental Organizations Act,1990(the “NGO Act”. The President, on 14th May,2024, assented to the Public Benefit Organizations Act,2013 (the “PBO Act”) repealing the NGO Act. This article will focus on the salient differences between the two Acts, …
SCENARIO; XYZ (the Supplier) entered signed an Agreement with ABC (the Customer) for the supply of certain goods. A reading of Clause 14.1 of the Agreement provides that “neither party shall be liable for any indirect losses of the other party”. The Supplier has failed to deliver the goods to the Customer and had refused …
Section 2 of the Industrial Property Act, Cap 509 of the Laws of Kenya (IPA) defines utility model to mean ‘any form, configuration or disposition of element of some appliance, utensil, tool, electrical and electronic circuitry, instrument, handicraft mechanism or other object or any part of the same allowing a better or different functioning, use, …
A trust is an equitable or beneficial right or title to property, held for one person (“Beneficiary”) by another person (“Trustee”), in whom resides the legal title or ownership, recognized and enforced by courts and bestowed upon him by another person (“Settlor”). The Kenya legal regime recognizes four types of trusts; family trusts, charitable trusts, …
UNPACKING KENYA’S LEGAL & REGULATORY REGIME ON INCORPORATED TRUSTS Read More »
The management of human resource (HR) in a work place plays a key role in the success or failure of business. This therefore implies that there is need to have in place laws and regulations governing employer-employee relationships. Most HR professionals in Kenya are trained to have an understanding of these laws, regulations and a …
WHY ARE HUMAN RESOURCE (HR) POLICIES & PROCEDURES IMPORTANT? Read More »
Casinos and games of chance are controlled by the Betting Control and Licensing Board (hereinafter referred to as “the Board”), which is established by the Betting, Lotteries and Gaming Act, Chapter 131 Laws of Kenya (hereinafter referred to as the “Act”). Executive Order No. 2 of 2023 issued on 2nd November, 2023 placed the Board …
‘Artificial intelligence is not a narrative of humans versus machine. Rather, it is the problem versus human and machine.’ Technological advancements have led to improvements in efficiency in several spheres of daily life, ranging from virtual courts, to online businesses, online education, among others. Over the course of the previous 30 years, technology has altered …
ARTIFICIAL INTELLIGENCE (AI) AND THE EVOLUTION OF THE LEGAL PROFESSION Read More »
Kenya is a member of the Eastern and Southern Africa Anti–Money Laundering Group (ESAAMLG) which comprises 20 member countries from Eastern and Southern Africa including Botswana, Lesotho, Malawi, South Africa, Tanzania, and Uganda among others. Some of the main objectives of ESAAMLG are to implement measures to combat the financing of terrorism and implement any …
A Joint Venture is a commercial agreement between two or more parties with a view of sharing the rewards of the cooperation. Over the years. Joint Ventures have proven to be a popular way of mobilizing resources to carry out a particular project or business activity (ies). The resources can range from access to facilitate …
