Recent Posts & Legal News
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Consumer Rights On Fair And Responsible AI
The inception of Artificial Intelligence (AI) enhanced consumer services while raising concerns about safeguarding consumer rights and fairness.
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Business
Share Capital - Alteration; Increase, Decrease, Split, Consolidation
As your business grows, its financial needs change, finding the need to adapt share capital structures to meet evolving needs and opportunities. Understanding when and how to alter share capital
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Business and Economy
Convertible Notes For SMEs
Access to finance has always been a primary challenge for Small Medium Enterprises (SMEs) and affects their growth prospects. Fortunately, there are several financial opportunities available to SM…
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Business
Shares and Shareholders: Dividends
Dividends can be described as periodic payments or distributions of profits or reserves made by companies to their shareholders as a reward for their investment.
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Business
Navigating Co-operative Societies
Co-operative societies are societies that incorporate the principles of voluntary and open membership; democratic member control; economic participation by members; autonomy and independence; educ…
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Business
Distinguishing Private and Public Companies in Kenya
The Companies Act of 2015 distinguishes private and public companies in Kenya. Private companies, limited to 50 members, prioritize closely held businesses with no public capital raising. They hav…
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Business
Dissecting Articles of Association
Discover the vital role of "Articles of Association" for Kenyan businesses. Learn how this mandated document defines roles, responsibilities, and rights, shaping daily operations. Explore key feat…
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Business and Economy
Navigating Shareholder Agreements: Empowering SMEs With The Shotgun Clause In Forced Transfers
Shareholder agreements, essential for SMEs, leverage the shotgun clause—a fair mechanism for structured negotiations in cases of disagreement or exit. This tool offers a forced buy or sell o…
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Business and Economy
Essential Clauses in a Shareholder’s Agreement
Unlock the power of a shareholder’s agreement – your secret weapon beyond company articles. Dive into a private world of rights, obligations, and smart strategies for seamless operatio…
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Business and Economy
Registration of Sole Proprietorship
A Sole Proprietorship is considered the most straightforward and cost-effective form of business entity as it offers a hassle-free setup at an affordable price. In this article, we delve into the …
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Employment Law
Integrating Employee Share Ownership Scheme in SMEs
Employee Share Ownership Schemes, enable employee ownership through discounted shares, fostering loyalty and protecting business interests. For startups and SMEs, ESOPs retain key staff, preserve …
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Business and Economy
Special Economic Zones: Where to Find Them in Kenya
Special Economic Zones (SEZs) offer incentives to promote investment, with licensing as SEZ Enterprises or Operators. Kenya has Public and Private SEZs, like Dongo Kundu, Mombasa Industrial Park, …
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Business
SEZ Entrepreneurship in Kenya: An Insight into Licensing and Regulatory Compliance
Discover how SEZ entrepreneurship operates in Kenya with a spotlight on licensing and regulatory adherence. From tax incentives to license types (developer, operator, enterprise), learn the criter…
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Business and Economy
The Power Of Free Trade Zones As Special Economic Zones
Free Trade Zones (FTZ) offer businesses distinct advantages by operating beyond regular customs rules. They allow duty deferral, leverage strategic locations, boast solid infrastructure, handle da…
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Business
Exploring Tax Incentives Advanced To SMEs Operating In Special Economic Zones (SEZs)
The rate of taxation directly affects individuals’ propensity to start, run, invest and grow a business. Special Economic Zones stand to benefit from various tax incentives provided for in t…
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Business
Advantages OF Operating Under Special Economic Zones (SEZs)
In the realm of global commerce and legal jurisdictions, one distinctive concept has emerged as a powerful catalyst for economic growth and investment facilitation - Special Economic Zones (SEZs).…
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Business and Economy
What You Need To Know About Financing Opportunities For SMEs
Small and Medium Enterprises (SMEs) play a major role in most economies, particularly in developing countries. Financing SMEs is essential for their growth and overall economic development.
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Business
Challenges Faced By SMEs In Raising Capital
Raising capital is a daunting task for Small and Medium-sized Enterprises (SMEs), as they navigate a labyrinth of challenges in their quest for financial resources. These challenges impede their c…
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Business
How To Raise Capital for Small Medium Enterprises (SMEs)
What is Capital? Capital refers to the resources that are required for the setting up and running of a business. Whether you are an entrepreneur, a startup, or an established business owner, knowi…
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Business and Economy
Registration as a Company Limited by Guarantee
A proposed charitable organization can also be registered as a company limited by guarantee. Registration of Companies in Kenya is regulated under the Companies Act 2015 (the “Act”).
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Legal News
Registration And Compliance Issues Surrounding Public Benefit Organizations (PBOs)
In 2013, the Public Benefits Organization Act, 2013 (the PBO Act) was passed by Parliament and was gazetted to commence operations on 16th September 2016. However, despite the commencement being g…
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Legal News
Garden Leave; Mitigating The Legal Risks Of Employee Turnover For ICT Firms
ICT companies operate in a very fast-paced environment, where new technology, innovations and inventions are the order of the day and firms have to constantly find innovative solutions for their m…
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Business and Economy
Various Types Of Business Structures Under Which You May Register Your SME
Registration of a business is the process of making an official record with respect to the name, business operations and other information of the business. Among other benefits, registration helps…
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Business and Economy
Information, Books And Records That A Company Should Keep
A key guide to ensuring business compliance is keeping the right documentation. It is imperative to have and maintain a consistent and organized repository of documents that can be retrieved from …
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Business
A Guide To Choosing The Right Name For Your Company
When incorporating a Company in Kenya, the very first step is to identify and reserve the Company’s name. The Company’s name defines your business and it will create the business&rsquo…
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Law and Government
Brand Protection: Why Protect Your Brand And How?
According to a survey conducted by Anti-Counterfeit Authority’s (ACA) and dubbed 'Counterfeits and other Forms of Illicit Trade in Kenya in 2018', counterfeits accounted for 77% of the total…
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Business
Interplay Between Trademark and Business Name Registration Rights in Kenya
If running a business or contemplating on starting one, it is always recommendable to register the business with the Business Registration Service whether by registering the business name if opera…
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Legal News
How to Protect your Trade Secrets
With the evolution of technology, businesses are developing innovative and strategic methods and processes for running their businesses in 0rder to have a competitive advantage over its creditors.…
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Legal News
What Can Be Copyrighted?
A copyright is the exclusive and assignable legal right, given to the originator for a fixed number of years, to print, publish, perform, film, or record literary, artistic, or musical material.
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Legal News
5 Reasons Why IP Protection Is Critical For SMEs Growth
1. Prevents Counterfeits / Duplication Counterfeit products lead to a long-term impact on your brand and can result in substantial reputation damage to your product, including reduced sales and lo…
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Business
6 Key Benefits Why Your SME Should Trade As A Company
Starting a business can be a challenging process, and entrepreneurs must make various decisions to set up their operations. One of the critical choices that an entrepreneur must make is to decide …
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Legal News
Protecting Your SME Business Through Restrictive Covenants in Legal Documents
One of ways in which an Advocate secures the best interest of your business is through the imposition of restrictive covenants. Restrictive covenants are a double-edged sword that can protect and …
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Legal News
Why SMEs Should Use Documents Drafted By An Advocate For Their Businesses
Here are some reasons why SMEs should use documents drafted by an Advocate: 1. Compliance with the Law. SMEs are subject to various laws and regulations. An Advocate can help SMEs navigate the com…
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Employment Law
The legality of Non-Compete Clauses in Kenya
A non-compete clause is a contractual agreement between two parties, typically an employer and employee, where the employee agrees not to engage in certain business activities that would be consid…
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Employment Law
Employee Consultation Before Redundancy
The requirement of consultation is not expressly provided in section 40 of the Employment Act, 2007. However, by dint of Article 2(6) of the Constitution, treaties and conventions ratified by Keny…
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Employment Law
Employees Right To Information
The Employment Act, 2007, does not have an express provision on the employees’ right to information. However, Article 33(1)(a) of the Constitution of Kenya, 2010, provides that every person …
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Legal News
What is a Power of Attorney (POA)?
Power of Attorney (POA) is a formal instrument by which one person empowers another to represent him or act in his behalf in many matters including transactions for sale of land, registration of i…
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Business and Economy
Compliance Requirements for Limited Liability Partnerships (LLPs) in Kenya
A Limited Liability Partnership (LLP) is a body corporate c…
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Business and Economy
Tax Obligations for Non-Governmental Organizations (NGO’s); Now Public Benefit Organizations (PBO’s)
In Kenya, Non-Governmental Organizations (NGOs) play a crucial role in various sectors such as health, education, human rights, and environmental conservation, among others.
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Business and Economy
SME Funding in Kenya: How to raise capital for a small business in Kenya
Accessing capital remains a persistent challenge for many SMEs looking to expand operations, invest in technology, or simply sustain their businesses.
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Business
Data Protection For SMES
The Case for Embracing Data Protection data has become one of the most important assets a business can own, similar to property, or capital.
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Business and Economy
ESG Demystified: How SMEs Can Incorporate ESG Principles into their Business
In today’s age, businesses are increasingly expected to think not only about the bottom line, but also about creating value for their stakeholders like employees, suppliers, customers and communities.
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Business and Economy
Patents in the World of Technological Advancement in Kenya
In a world driven by innovation, Kenyans in the creative industry, now known as “Hustlers”, rely on creativity to propel economic growth.
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Business
Directors: Civil Consequences of Breaching General Duties
Director’s shoulder a weighty responsibility to Companies as enshrined in the Companies Act of 2015,
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Business
Independent Directors
In Kenya, independent directors play a crucial role in the governance structure of companies.
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Business
Shares and Shareholders: Employees Shares Ownership Scheme
Empowering your workforce is key to achieving long-term success.
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Business
The In Duplum Rule Does Not Apply to Microfinance Institutions
In duplum is a Latin phrase derived from the word in duplo, which means "in double".
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legal alerts
What is the tax amnesty?
A tax amnesty is a limited opportunity for taxpayers to pay their principal taxes and have their existing penalties and interest waived. It is an opportunity for taxpayers to pay what they owe, with …
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legal alerts
Registration of Beneficial Owners in Limited Liability Partnerships
With the upsurge of organized crimes, corruption, and terrorism the Financial Action Task Force (FATF) in 2012 made a recommendation on International Standards on Combating Money Laundering and the F…
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Business
Conversion of a Private Limited Company to a Public Limited Company
The decision to take your company public can be a transformative one, opening doors to significant growth and exciting possibilities. The conversion of a private limited company to a public limited c…
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Business
The Hybrid Business Entity: Features of Limited Liability Partnerships in Kenya
Unsure about the right business structure? Let us address the hybrid entity that combines the spirit of partnerships with the limited liability of Companies.
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Business
Associate Companies vs Subsidiary Companies
Expansion is the cornerstone of lasting success for SMEs. As businesses ponder growth strategies, the choice between associate and subsidiary companies emerges as a critical consideration, each offer…
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Business
Registration of a private Limited Company in Kenya
Unlock the advantages of a Private Limited Company in Kenya! Enjoy limited liability protection, business stability, and perpetual succession. Learn about the key legal foundations, such as the custo…
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Legal News
Registration of a Non-Governmental Organization in Kenya
Non-Governmental Organizations (NGO’s) play a vital role in Kenya's socio-economic and developmental landscape. These organizations, driven by a commitment to social change and community development,…
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