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K&S wins landmark case on Double Taxation Agreements
K&S law firm secured a landmark victory in a case concerning Double Taxation Agreements.
The Role of Source Code in Copyright Infringement of Software
The article examines the role of source code in software copyright infringement, referencing the Kenyan case of Solut Technology Limited v Safaricom Limited. It discusses how source code is used to determine copyright ownership and infringement in software disputes, highlighting legal principles applied by the court in assessing source code similarity.
K&S Wins In Tax Matters – Legitimate Expectation And Undefined Terms
Law firm K&S secured a victory in a tax dispute, with the ruling addressing principles of legitimate expectation and the interpretation of undefined terms in tax law. The case underscores the importance of clear legislative drafting and taxpayer protections.
CHILDREN (GUARDIANSHIP) (PRACTICE AND PROCEDURE) RULES, 2024
The article announces the publication of the Children (Guardianship) (Practice and Procedure) Rules, 2024, which set out procedural guidelines for guardianship matters involving children in Kenya.
Case Alert – Civil Appeal No. E620 of 2022 SBM Bank (Kenya) Limited v Afrasia Bank Limited [2025] KECA 386 (KLR) (28 February 2025) (Judgment)
The Court of Appeal delivered a judgment in Civil Appeal No. E620 of 2022 between SBM Bank (Kenya) Limited and Afrasia Bank Limited on 28 February 2025. The case involved a civil appeal from a lower court decision. The ruling addressed issues arising from banking transactions between the two financial institutions.
Use Your Trade Mark or Lose It
The article discusses the importance of actively using a registered trademark to maintain its legal protection. Failure to use a mark can lead to cancellation or loss of rights. It advises trademark owners to ensure continuous commercial use to avoid invalidation.
Kivunira v Capital Markets Authority
The article discusses the case of Kivunira v Capital Markets Authority, likely involving a dispute over regulatory actions by the capital markets regulator.
Supreme Court Decision On Lease Renewals
The Supreme Court issued a decision on lease renewals, addressing key legal principles governing the renewal of commercial and residential leases. The ruling clarifies the rights and obligations of landlords and tenants under existing lease agreements, potentially impacting renewal practices. This decision sets a precedent for future lease disputes and contract interpretations.
Mere Global Reputation Is Not Enough: High Court Emphasizes the Need for Local Recognition in Establishing Well-Known Marks in Kenya.
The Kenyan High Court held that global reputation alone is insufficient to establish a mark as well-known; local recognition within Kenya is essential. The decision underscores the requirement for evidence of local consumer awareness and market presence when claiming well-known mark status. This ruling clarifies the standard for well-known marks under Kenyan trademark law.
USE YOUR TRADE MARK OR LOSE IT Series 2
This article discusses the importance of using a trademark to maintain legal protection, warning that non-use can lead to loss of rights. It is the second in a series on trademark use requirements. A download link is provided for further information.
Unilever Tea Kenya Limited v Kenya Plantation & Agricultural Workers Union
This case involves a legal dispute between Unilever Tea Kenya Limited and the Kenya Plantation & Agricultural Workers Union, likely concerning labor or employment issues in the tea plantation sector. The specific legal questions and court rulings are not detailed in the provided text.
Termination of Commercial Leases
This article discusses the legal considerations and procedures involved in terminating commercial leases, including notice requirements, grounds for termination, and potential liabilities for both landlords and tenants.
An Analysis of the Virtual Assets Service Provider Bill 2025
The article provides an analysis of the Virtual Assets Service Provider Bill 2025, a proposed legislation aimed at regulating virtual asset service providers in Kenya. It examines the bill's key provisions, potential impact on the cryptocurrency industry, and compliance requirements for businesses dealing with virtual assets.
High Court Declares Key Provisions of the PBO Act Unconstitutional.
The High Court has declared key provisions of the Public Benefit Organizations Act (PBO Act) unconstitutional. The ruling invalidates specific sections of the law governing NGOs and charities in Kenya. The court found that these provisions violated constitutional rights. The decision may require amendments to the regulatory framework for public benefit organizations.
Pulling the Plug: How Companies Officially Cease to Exist
The article explains the legal procedures and formal steps required to officially dissolve a company, covering the necessary filings and regulatory approvals. It outlines the different methods of dissolution, including voluntary and involuntary processes, and the implications for directors and shareholders. The piece serves as a guide for businesses seeking to cease operations in compliance with the law.
Tanzania officially launches mandatory Anti-Counterfeit Recordation for imported goods.
Tanzania has officially implemented a mandatory Anti-Counterfeit Recordation system for imported goods, requiring importers to register their products to combat counterfeit trade.
Use your Trade Mark or lose it Series 3
This article, part of a series on trade mark use, discusses the legal requirement for trade mark owners to actively use their marks to maintain protection. It explains the risks of non-use, including vulnerability to cancellation, and offers guidance on documenting and proving use in commerce.
A dispute boards decision is binding; Court of Appeal uphold
The Court of Appeal upheld that decisions made by dispute boards are binding, reinforcing the enforceability of such determinations in legal proceedings. The ruling clarifies that parties must comply with dispute board rulings unless successfully challenged in court. This decision strengthens the role of dispute boards as an effective alternative dispute resolution mechanism.
Contextualizing Present Day NSSF Contributions in Kenya
The article discusses the current landscape of NSSF contributions in Kenya, highlighting the legal framework and recent developments. It explains the contribution rates, employer and employee obligations, and the impact on retirement benefits. The analysis also covers compliance challenges and potential reforms.