The Capital Markets Authority Act, CAP 485A, Laws of Kenya (the “Act”) defines an “insider as any person who is or was connected with a company, or is deemed to have been connected with a company and who is reasonably expected to have access, by virtue of such connection, to unpublished information which, if made …
INSIDER TRADING–Offences in Section 32 (A) of the Capital Markets Authority Act Read More »
The nature of some business transactions may in some cases require substantial monetary investment. Local financial institutions may not be willing to finance the business endeavor (s) and equally local business owners/entrepreneurs may shy away from local banks due to prevailing interest rates. This state of affairs creates an opportunity for foreign entities keen on …
The International Labour Organization (ILO) traces the earliest beginning of Export Processing Zones to 1229 when King Alfonso X of Spain granted commercial incentives to the City of Cadiz thereby establishing the Free Zone Consortium of Cadiz. The basic definition of an “Export Processing Zone” is a designated industrial or manufacturing area offering free trade …
A Power of Attorney is a document drawn for/by an individual (Donor/Principal) authorizing another individual (Attorney/Agent) to make decisions on their behalf and/or manage the Donor/Principal’s property, personal affairs or financial matters. There is no prescribed format for drafting a Power of Attorney, However, a Power of Attorney can be fine-tuned to fit the specific …
On 19th October, 2023, the President appended his seal and signature to the Social Health Insurance Bill, 2023 and consequently overhauled the public health management structure that had been in existence in Kenya since 1998. The enactment of the Social Health Insurance Act, 2023 transferred all functions, funds, assets, property, powers, liabilities and duties of …
SALIENT FEATURES OF THE SOCIAL HEALTH INSURANCE ACT, 2023 Read More »
The current digitized economy innovation has created a wide selection of mobile and online payment solutions and products. The Central Bank of Kenya on July 4, 2023 released thirty (30) names of Authorized Payment Service Providers (PSPs) operating in Kenya. The list included notable companies such as Safaricom PLC, Airtel Money Kenya Limited, Pesapal Limited …
REGISTRATION AS A PAYMENT SERVICE PROVIDER (PSP) IN KENYA Read More »
What does the law say? Redundancy is defined in the Employment Act and the Labour Relations Act, 2007 as: “… the loss of employment, occupation, job or career by involuntary means through no fault of an employee, involving termination of employment at the initiative of the employer, where the services of an employee are superfluous …
It is common for an employer to expect certain standards of work performance at the workplace. The Employment Act, 2007 (the Act) allows for an employer who is concerned about the poor performance of an employee to terminate their employment contract. The following steps should be followed where poor performance is considered as grounds for …
Various types of post-employment restraints and restrictions have been used in employment contracts and are sculpted to fit the specific needs of the employer. The drafting of these restraint and restriction phrases determines the extent and scope. Generally, restraint of trade clauses take two (2) facets; (i) A non-compete clause; in the context of drafting …
RESTRAINT OF TRADE CLAUSES (Non-Solicitation & Non -Compete Clauses) Read More »
Plea bargaining occurs when an accused person reaches an agreement with the prosecution to forego his right to a full criminal trial by pleading guilty to an offence (s) in exchange for a concession by the prosecution. In Kenya, plea bargaining is anchored in Section 137A-O of the Criminal Procedure Code (CAP 75) and the …
PLEA BARGAINING IN KENYA’S CRIMINAL JUSTICE SYSTEM Read More »
