Blog Updates

BUSINESS STRUCTURES IN KENYA

Under the Companies Act of 2015 of Kenya, there are four primary business structures: sole proprietorship, partnership, limited liability partnership, and companies (Private: Companies limited by shares and Companies limited by guarantee & Public Companies).1. Sole Proprietorships: Sole proprietorships are the most common and involve minimal formality. However, the proprietor’s liability is personal and unlimited.2. […]
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Understanding Land Transaction Consents and Clearance Certificates in Kenya

Land transactions in Kenya are intricate processes governed by legal regulations, and securing specific consent and clearance certificates is imperative for the successful registration of related documents. This article provides a comprehensive overview of various consents required and clearance certificates necessary for different types of land transactions. 1. Consent of the Land Control Board Regulated […]
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A Guide to Corporate Governance Excellence

Corporate governance mechanisms cover various aspects of a company’s management, such as board structure and the existence of an active market for corporate control. Good corporate governance leads to efficient resource utilization, minority shareholder protection, better decision-making, and improved relationships with stakeholders like workers, creditors, etc. It is crucial for attracting long-term, patient capital that […]
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EMPLOYMENT AND LABOUR LAW: – Employee Rights to Worship

Recently, in the case of Ojung’a v Healthlink Matcare Ltd t/a Nairobi Women Hospital (Cause 1620 of 2018) [2023] KEELRC 1607 (KLR) the Employment and Labour Relations Court upheld Article 32 of the Constitution of Kenya, 2010 (the “Constitution”) which guarantees the right to freedom of conscience, religion, belief, and opinion with respect to the […]
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STATUTORY COMPLIANCE FOR REGISTERED COMPANIES IN KENYA

Statutory Compliance is the act of adhering to a law, rule, policy, or guideline pertaining to business procedures in a particular jurisdiction.  Following the president’s approval of the Companies Act, 2015 on September 11, 2015, and its full implementation in June 2016, Kenyan companies were given a variety of files that they must submit to […]
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Termination of an Employee on The Grounds of Poor Performance

When it comes to saying goodbye to employees, it’s no secret that poor performance often leads to termination. Although poor performance is a distinct ground for termination of employment, the Employment Act is unclear as to what constitutes poor performance.  Recently, the Employment and Labor Relations Court delivered a groundbreaking judgement in the case of […]
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SUCCESSION PLANNING OF A BUSINESS

Succession planning in simple terms involves creating a plan for someone to either own or run your business after you die, retire or become disabled. In simple terms, succession is the process of passing control of the business to others. Succession planning can be defined as the process of identifying and preparing suitable employees through […]
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