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September 2025 Newsletter Read More »
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Justice demands that litigation should bear fruit; a successful claimant must not be left with a barren decree but with a judgment that can be realised in practice. One of the greatest frustrations in civil litigation is when, after years of trial and expense, a successful party finds that their judgment is of no practical
Security right means a property right in a movable asset that is created by an agreement to secure payment or other performance of an obligation, regardless of whether the parties have denominated it as a security right, and regardless of the type of asset, the status of the grantor or secured creditor, or the nature
Securing loans using movable assets: How to register a security right under MPSR Act Read More »
Commercial law
The law provides protective entries on the land register which operate as statutory caveats, some at the instance of private parties asserting an interest, others at the direction of the Registrar – both designed to arrest dealings with land until competing claims are resolved or the risk of fraud is eliminated. Land, in law, is
Cautions and Restrictions Read More »
Conveyancing
Think of a holiday home open to more than just single ownership. The law now makes it possible for such a property to be enjoyed in different ways. One person may hold rights to occupy it during certain periods, another may join with others to share both the benefits and responsibilities of keeping it, while
Understanding Time shares, fractional ownerships and Sectional Titles Read More »
Conveyancing
The law recognizes three types of partnerships in the corporate realm. These include: ✔General partnerships; ✔Limited partnerships, and ✔Limited liability partnerships. While each of these classes of partnerships have distinct characters in law, some of their legal characters are somewhat similar by virtue of being a partnership. In our August 2025 Newsletter, we will strictly
Legal Character of a General Partnership- August 2025 Newsletter Read More »
Monthly Newsletter
Introduction It is said that charity begins at home, and no other principle could possibly explain the essence of pre-emptive rights in company law better than this. Before a company invites outsiders to partake in its ownership, it must first look to its own; that is the existing shareholders who stood by it from the
Pre-emptive rights in Company Law Read More »
Commercial law
A company, being an artificial legal person, cannot act on its own; it requires natural persons to manage its affairs, exercise its powers, and make decisions on its behalf. This is the role of directors, who serve as the company’s mind and will. Appointing at least one director is not merely a procedural requirement but
Understanding Directorship in Company Law- July 2025 Newsletter Read More »
Monthly Newsletter
In Kenya’s real estate transactions, the presence of a charge on land does not bar its sale. As long as ownership can be established through proper due diligence, a property whether charged or not, remains a transferrable interest. A registered charge simply reflects a lender’s interest, not a legal prohibition on sale. It is not
Buying a charged property? Here is what you need to know Read More »
Conveyancing
Modes of Passing Resolutions For private companies, the law permits two distinct modes through which members can pass resolutions: By means of a written resolution, or At a general meeting convened for that purpose. This flexibility, however, is not extended to public companies. In the case of public companies, resolutions may only be passed during
Company Resolutions and Meetings under the Companies Act 2015 (Kenya) Read More »
Commercial law