Media Room
Insights
Every publication, opinion piece, court summary and policy note the firm has issued. Written by named advocates.
Complete Guide: How to Register a Company Limited by Guarantee in Kenya
A company limited by guarantee is a specific legal structure that does not have any shares or shareholders (like the…
Salim Khalid · 2 min read
Navigating Intellectual Property Rights in Innovations: Balancing Employer and Employee Interests
To thrive in these unprecedented economic and digital times, organizations need to embrace creativity and innovation. Through innovation an organization can achieve competitive advantage which creates room for growth and sustainability. An organization’s innovative climate is driven by its human resource. Employees breathe life into innovation through their knowledge, skills and abilities; while employers are the driving force, they provide the employees with the required environment and resources to innovate. In Kenya, the main hindrance towards the development of new inventions is the lack of awareness of laws and legal rights of the employees and employers related to ownership of intellectual property of the invention. Due to this gap, innovators are exploited, this demotivates them from actualising their creative potential, for fear that the organization or employer will take all the credit. In a recent South African case of Vodacom (Pty) Ltd v Makate and Another (401/2022) [2024] ZASCA the Supreme Court ordered Vodacom to compensate Mr. Makate in billions for the ‘please call me’ idea he invented when he was an employee at Vodacom, although the idea was wholly operationalised by Vodacom. Such lawsuits against employers and organizations can be prevented by implementing the rights granted to each party under the law. This Article will discuss how the law creates a balance between the rights of the employer and the innovator employee to ensure both benefit from the innovation. Innovations are governed by the Industrial Property Act, 2001 (IPA). The general rule under…
MMS Advocates · 4 min read
Setting Up a Family Trust in Kenya: A Comprehensive Guide with Key Amendments and Efficient Registration Process.
Family Trusts Family Trusts are legally recognized in Kenya effective 2021, when the Trustees (Perpetual Succession) (Amendment) Act (“the Amendment…
Peter Mwenda · 5 min read
Does Intellectual Property Expire? Unveiling the Power Behind Intellectual Property: Understanding Lifespans and Safeguards.
Introduction Before we delve into the deep contents of intellectual property and its expiration aspects, it is crucial to first…
Valary Nyala · 4 min read
Kenya Revenue Authority Tax Amnesty Program
The Finance Act 2023 introduced a tax amnesty program for interest and penalties on tax debt by inserting section 37E…
Kevin Muthini · 1 min read
Operationalisation of Kenya’s Special Economic Zones
Kenya’s Special Economic Zones (“SEZ”) program established under the Special Economic Zones Act 2015 (the “SEZ Act”) is now fully…
Felicia Solomon · 3 min read
Child Custody
Introduction With the rise in divorce cases and separation, child custody has been an ongoing issue due misunderstandings between parents.…
Valary Nyala · 5 min read
The Divorce Process
Introduction Presently, divorce has become a common word in society. People are no longer shocked by the thought of it…
Valary Nyala · 4 min read
Small Claims Courts in Kenya and How They Work
Small claims courts in Kenya and how they work. Introduction The objective of this article is to enable the reader…
Dennis Kachero · 3 min read
Proper Stakeholder Engagement for the Success of Kenya’s Northern Water Markets
President (Dr) William Ruto recently revealed his Government’s plan to develop Kenya’s water markets as part of the measures to…
Felicia Solomon · 5 min read
Acquisition of Land for Mega Infrastructure Projects in Kenya
Land related issues remain one of the main risks in the implementation of infrastructure projects in Kenya. Most of…
Allan Mzungu · 4 min read
Licensing Requirements for Digital Lenders
The Central Bank of Kenya (“CBK”) now has powers to regulate the digital lending business granted through amendments to the…
Felicia Solomon · 3 min read
Licensing Requirements for Digital Lenders
The amendments to the Central Bank of Kenya Act (Chapter 491 of the Laws of Kenya) (the “Act”) to give…
Felicia Solomon · 2 min read
Political Party Internal Dispute Resolutions
To promote democracy during and after party primaries, political parties in Kenya must have internal dispute resolution mechanisms in compliance…
Allan Mzungu · 3 min read
Inclusion of Democracy by Political Parties Through Transparent Party Primaries
Political Parties Must Allow Democracy to Blossom Through Transparent Party Primaries. The role of political parties in elections cannot be…
MMS Advocates · 6 min read
Registration of Data Controllers and Data Processors in Kenya : Minimum Thresholds
The Data Protection (Registration of Data Controllers and Data Processors) Regulations, 2021 were published by the Data Protection Commissioner in…
Felicia Solomon · 4 min read
The Central Bank of Kenya (Amendment) Act, 2021 Passed into Law
On 7th December,2021 President Uhuru Kenyatta assented to the Central Bank of Kenya (Amendment) Bill, 2021. The amended Central Bank…
Mildred Chidosho · 1 min read
Restriction of Ownership of Land in Kenya by Foreigners Declared Unconstitutional
The Land Control Act Cap 302restricts the ownerRestriction of Ownership of Land in Kenya by Foreigners Declared Unconstitionalship by non-citizens…
Wendy Kuyoh · 3 min read
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