Publications

K&S wins landmark case on Double Taxation Agreements.

Highlights of The Public Benefit Organizations Act.

Update on Amendments to the Trustees Perpetual Succession Act (Cap 164)

Amendments to the Trustees Perpetual Succession Act (Cap 164).

Consolidated Settlement Guidelines on Administrative Remedies and Settlement.

Kaplan & Stratton recognised as a Leading Firm by LEGAL 500.

The Import of the Supreme Court Judgment on NSSF Contributions.

Emerging Developments and Challenges in Complying with The Data Protection Act.

Competition Authority Penalises Firms for Cartel Conduct.

Government abolishes 30% local shareholding requirement for ICT sector.

An update on the contents of the recent Capital Markets (Amendment) Bill legislative proposal to the National Assembly.

The Court of Appeal has, by a judgment delivered on 3rd February 2023, upheld the mandatory contributions to the NSSF (the State Scheme) as prescribed in the NSSF Act, 2013. We have put together some important highlights in respect of the mandatory contributions.

The Draft Privatization Bill, 2023 has been recently introduced with the aim of providing for a new framework for the privatization of public entities in Kenya. In this legal alert, we outline key provisions of the bill and discuss its potential legal implications. Our legal team is closely monitoring the bill and will provide updates and insights on the bill’s progress and its impact.

The Finance Act 2022 amended the Income Tax Act to increase the capital gains tax payable in Kenya from 5% to 15% which became effective on 1 January 2023. In this alert we outline the change and discuss its legal implications .

This memorandum summarizes changes in Kenya law under the Anti-Counterfeit (Amendment) Regulations, 2021 and the Anti- Counterfeit (Recordation) Regulations, 2021 which require registration of Intellectual Property Rights (“IPR”) referred to below in a register maintained by the Kenya Anti-Counterfeit Authority.

The Kenya Information and Communications Act, No. 2 of 1998 (KICA) recognizes the use of advanced electronic signatures in Kenya as equal to traditional handwritten signatures commonly referred to as wet ink signatures

Pursuant to our advisory on the registration of long term leases under the Sectional Properties Act, No. 21 of 2020 (the “Act”) we have prepared a follow-up newsletter that highlights the salient features of the Sectional Properties Regulations, 2021 (the “Regulations”) which were gazetted on 10th December 2021.

The Law of Succession (Amendment) Act, was assented to on 17th November 2021 and brought into force on 7th December 2021 pursuant to Special Issue Kenya Gazette Supplement No. 211 (Acts No.11).

We bring to your attention that only one of the amendments under the Law of Succession (Amendment) Act was retained under the Special Issue Kenya Gazette. None of the other amendments came into effect.

On 17th November 2021, the President assented into law the Law of Succession (Amendment) Act, 2021 (the “Act”).

Pursuant to our previous client newsletter on this issue, we have been keenly following the process of conversion to keep you updated with any developments from the Ministry of Lands and Physical Planning (the “Ministry”).