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
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
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
In company law, the concept of the corporate veil means that a company exists as a separate legal person, distinct from its shareholders and directors; a principle established in the famous English case of Salomon v Salomon. This veil grants companies limited liability . However, the veil can be used to hide the true individuals
The Face Behind the Mask- Identifying beneficial ownership in company law Read More »
Commercial law
Capacity is one of the most essential elements in the formation of a valid contract. It ensures that parties entering into legal agreements do so with a full understanding of the rights, duties, and consequences that follow. In the eyes of the law, capacity is primarily determined either by mental soundness or by age—specifically, attaining
Too young to sign?- When a minor can get into a contract Read More »
Commercial law, Legal Updates
Welcome to our June Newsletter!! We have the following lined up for you. Another year, another trophy– our football team clinching second place at the Young Bar Association Fest 2025. Registration of foreign companies in Kenya Celebrating success, hardwork and determination- our Associate Advocate, Anne Jackline Njeri Ndirangu, has successfully completed the CopyrightX certification, by
Registration of Foreign Companies in Kenya- June 2025 Newsletter Read More »
Commercial law, Monthly Newsletter, Winners
A parent company is a corporation that owns and controls another company, referred to as its subsidiary. This relationship arises in one or more of the following ways: By acquiring a majority of the voting shares in the subsidiary (usually more than 50%); By forming the subsidiary as a new company, incorporating it for specific
Limited Liability Partnerships (LLPs) represent a hybrid legal structure that combines the operational flexibility and tax benefits of a partnership with the limited liability features of a company. In jurisdictions such as Kenya, LLPs are governed by Limited Liability Partnerships Act that regulate formation, management, partner relations, and dissolution. This write-up provides a detailed exploration
Understanding Limited Liability Partnerships (LLPs) in Kenya Read More »
Commercial law
The legal meaning of a bankrupt according to the Insolvency act is a debtor who has been adjudged bankrupt after an application for bankruptcy in Court and has not been discharged from bankruptcy. In this issue, we will address the basics of bankruptcy. Specifically, we will look into the application for bankruptcy and when a
Understanding Bankruptcy- Issue 1 (Insights from the Insolvency Act of Kenya) Read More »
Commercial law