Securing loans using movable assets: How to register a security right under MPSR Act
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...
Cautions and Restrictions
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...
Understanding Time shares, fractional ownerships and Sectional Titles
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...
Pre-emptive rights in Company 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...
Buying a charged property? Here is what you need to know
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...
Company Resolutions and Meetings under the Companies Act 2015 (Kenya)
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...
Revocation and Annulment of grants
While the legal framework under the Law of Succession Act is designed to provide a clear pathway, successfully navigating the process of Application to confirmation of grant, it is not...
The Face Behind the Mask- Identifying beneficial ownership in company 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...