Serious legal writing for Kenya's legal community.
Commentary and analysis on constitutional, criminal, environmental, family, and land law, alongside Legal Pulse: a live feed of what Kenyan law firms are publishing on their own sites.
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The Sexual Offences Act Cannot Lawfully Exempt Rape Within Marriage
The implied exemption that shields a husband from rape prosecution under the Sexual Offences Act, No. 3 of 2006, is not a defensible policy choice. It is a constitutional violation, and courts should say so plainly.
Legal Pulse
See allWhat Kenyan law firms are publishing right now — summarized here, read in full on the firm's own site.
Legal Update On The Employment (Amendment) Act
The Employment (Amendment) Act, 2021 was assented by the President on 30th March 2021 and came into force on 15th April 2021. The amendment introduces a provision for pre-adoptive leave with full pay.
Change of name in Kenya
The article outlines the legal process for changing a name in Kenya, governed by the Registration of Persons Act and the Registration of Documents (Change of Name) Regulations. It notes that a child's name can be changed by application to the registry within two years of birth, and after that period must be done via a Deed Poll. Reasons for change include marriage, divorce, death, or personal preference.
Airbnb – Legal Alert
The article discusses Kenya's regulatory and tax approach to internet-based service firms like Airbnb, highlighting the introduction of a Digital Service Tax. It notes debates over whether such firms should be regulated similarly to traditional businesses or given leeway due to their innovative nature.
Latest Articles
See allEnvironmental Impact Assessment Is a Legal Precondition, Not a Government Courtesy: Why NEMA Must Enforce Section 58 Strictly
The Tender Years Doctrine Has No Statutory Basis in Kenya and Courts Must Stop Applying It
An Arrest Made Without Informing the Suspect of Their Article 49 Rights Is Unlawful on Its Face
Courts Applying Adverse Possession Under the Land Registration Act Are Getting the Threshold Wrong
The Sexual Offences Act Cannot Lawfully Exempt Rape Within Marriage
Ynai Publishing
Ynai Publishing is Kenya's home for serious legal commentary and analysis, and Legal Pulse — a live feed of what Kenyan law firms are publishing on their own sites, summarized here and linked back to the source.