Alert: Transfer of Registration of Trusts from Ministry of Lands, Public Works, Housing and Urban Development to Business Registration Service (BRS)

The registration of trusts in Kenya is regulated by the Trustees (Perpetual Succession) Act. Recent amendments to this Act, introduced through the Statute Law (Miscellaneous Amendments) Act 2024 that was signed by President William Ruto on April 26, 2024, have brought about a significant change to improve the functionality and governance of trustee operations.

Affidavits in Kenya

An affidavit is a formal written statement of fact, declared to be true by the person making it.

Setting Up a Trust in Kenya

Estate planning entails the process of disposal of one’s assets in a structured manner that goes beyond the determination of who will benefit from the property.

The Place Of Effective Management And Taxation Of Multinational Companies In Kenya

The Tax Appeals Tribunal (the ‘Tribunal’) in Tax Appeal No. 65 of 2023 involving M-KOPA LLC [C/o M-KOPA KENYA LTD] (the ‘Company’), has upheld the principle that a foreign company can be considered a tax resident under Kenyan income tax laws if the Kenya Revenue Authority (KRA) proves that management and control of the Company’s affairs occurred within Kenya during the relevant taxing period. 

The Role of Intellectual Property in Growing and Protecting your Business Brand

The Role of Intellectual Property in Growing and Protecting your Business Brand In today’s competitive business landscape, developing a strong brand has become crucial for companies seeking long-term sustainability and growth. Therefore, one essential aspect of brand development that cannot be overlooked is the strategic utilization of intellectual property (IP) rights. IP serves as a […]

5 dangers of unsigned contracts and agreements

5 dangers of unsigned contracts and agreements: A contract has been defined as a written or spoken agreement, especially one concerning employment, sales, or tenancy, that is intended to be enforceable by law. It is advisable that parties negotiate and manage contracts before concluding on it. One of the ways one can show that they do agree with […]

Why you should always include an Arbitration Clause in a contract document

WHY YOU SHOULD ALWAYS INCLUDE AN ARBITRATION CLAUSE IN A CONTRACT DOCUMENT An arbitration clause is a provision in a contract that requires the parties to resolve any disputes that may arise through arbitration rather than through court litigation. The act defines an Arbitration as, a procedure in which a dispute is submitted, by agreement […]

7 Examples of what to disclose at the initial stages of contract negotiation

7 EXAMPLES OF WHAT TO DISCLOSE AT THE INITIAL STAGES OF CONTRACT NEGOTIATION Material facts: Parties to a contract should disclose all material facts that are relevant to the transaction. This includes things like the terms of the contract, the price, and any relevant conditions. Known issues: If there are any issues that the parties […]

Red flags in Contracts

BEWARE OF THESE RED FLAGS!!!! Many clients have been asking us how to tell that a contract/agreement is not favorable, considering all clauses have been stated in the agreement. Some have signed and gone into contracts without noticing the RED FLAGS that can later cost them or make them lose millions of shillings. Below are […]

4 Reasons Why Disclosure is Important in an Agreement or Contract Signing

4 REASONS WHY DISCLOSURE IS IMPORTANT IN AN AGREEMENT OR CONTRACT SIGNING Disclosure is an essential component of any agreement or contract signing. It is the act of revealing all significant and relevant information to the other party involved in the agreement or contract. This information could include finances, obligations, liabilities, and other pertinent details […]