Legal Updates & Insights

Date of Assent: 11th December 2024Date of Commencement: 27th December 2024 The Business Laws (Amendment) Act, 2024 introduces critical changes to various financial regulations, particularly impacting banks, credit providers, and financial technology services. Below are the key amendments and their implications: Increased Penalties for Non-Compliance (Banking Act, Cap. 488)The Central Bank of Kenya (CBK) now […]

The Fair Administrative Action Rules, 2024 Come into Effect Introduction The legal landscape of administrative justice in Kenya has taken a significant leap forward with the enactment of The Fair Administrative Action Rules, 2024 (Legal Notice 165 of 2024). These Rules, published in the Kenya Gazette on 25th October 2024 and effective from 11th October 2024, provide a structured and

Case Summary: Big Tree Farm Limited v. Mary Angola Rono & 25 Others [2024] KEELC 14155 (KLR) Introduction This case, decided on 23rd December 2024 by the Environment and Land Court in Kitale, revolved around land ownership disputes involving the plaintiff, Big Tree Farm Limited, and several defendants who claimed to have purchased portions of the

Background of the Case In the case Gichuhi & Others v Data Protection Commissioner; Waigwa & Another (Interested Parties), the applicants, including Allen Waiyaki Gichuhi, Charles Wambugu Wamae, and their law firm, sought judicial review orders following a determination by the Data Protection Commissioner (DPC). The applicants alleged that the DPC failed to investigate their complaint

Kwanza Estates Limited v Jomo Kenyatta University of Agriculture and TechnologySupreme Court Petition No. E001 of 2024 | Citation: [2024] KESC 74 Background of the Case This case arose from a lease dispute between Kwanza Estates Limited (Petitioner) and Jomo Kenyatta University of Agriculture and Technology (Respondent) regarding premises in Nakuru. Initially, the parties entered into a six-year lease

When Privacy Becomes a Battleground: The Landmark Ruling in Abinayo v House & Farm Company Limited Introduction In a judgment that underscores the growing importance of privacy rights in Kenya, the Employment and Labour Relations Court (ELRC) delivered a significant ruling in the case of Abinayo v House & Farm Company Limited. This case, decided on

In Kiburu v Boma Mart Ltd & 2 others (Civil Appeal E628 of 2021) [2024] judgment by the High Court, the issue of whether a party’s conduct can override the clear and unambiguous terms of a written lease agreement was front and center. This case, an appeal arising from Civil Suit No. 9519 of 2019, offers valuable insights into

IntroductionIn a landmark decision delivered on 22nd November 2024, the High Court of Kenya ruled against Safaricom PLC’s attempt to impose expiry dates on Bonga Points, declaring the move unconstitutional and a violation of consumers’ economic interests. This judgment, arising from Petition No. E554 of 2022, serves as a resounding affirmation of consumer protection principles under the

Introduction Private mediation is a process where disputing parties, outside the scope of any ongoing court case, voluntarily engage a mutually agreed-upon, qualified mediator to help resolve their issues amicably. It offers a cost-effective, flexible, and confidential alternative to traditional litigation, ensuring that relationships between parties are preserved while avoiding lengthy court proceedings. The Procedure

The festive season brings joy, celebrations, and, unfortunately, an avalanche of promotional messages. While some may be welcome, others invade our privacy, leaving many wondering: Can anything be done about this persistent nuisance? In a recent determination by the Office of the Data Protection Commissioner (ODPC) in Kenya sheds light on how the law protects individuals from