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Conned by men of cloth: Importance of proper due diligence in land transactions | MMA Advocates LLP
A congregation was defrauded in a multibillion-shilling land deal after church leaders sold them plots in the Imani Estate project, which the court later ruled was illegally acquired and subject to a succession dispute. The sales were declared null and void, and all titles cancelled, leaving many purchasers with losses. The article highlights the importance of conducting independent due diligence before purchasing land, including official searches, site visits, and checks against the Ndung'u Report and court records, and recommends engaging professionals like lawyers and surveyors.
Appellate Joinder 101: How (And Why) Parties Get Added on Appeal | MMA Advocates LLP
This article explains the concept of appellate joinder, where a party seeks to join an appeal after the original judgment. It outlines the criteria from the Supreme Court case Muruatetu v Republic for a successful joinder, including demonstrating a personal stake, identifiable interest, potential prejudice, and relevance of submissions. The article uses the example of Kenya Bankers Association joining a Supreme Court appeal between Barclays Bank and the tax commissioner, as the tax dispute could affect the entire banking sector. It also distinguishes between judgments in personam and in rem.
High Court invalidates key provisions of the Public Benefits Organizations Act | MMA Advocates LLP
On 30th April 2025, the High Court in Constitutional Petition No. E519 of 2024 declared several provisions of the Public Benefits Organizations Act, 2013 unconstitutional. The court invalidated the mandatory re-registration of existing NGOs, the requirement for disclosure of personal information, compulsory membership in the National Federation, and the composition of regulatory bodies among others. The ruling provides automatic transition for previously registered NGOs, limits disclosure obligations, and affirms voluntary federation membership, fair administrative action, and freedom of association for public benefit organizations.
Beyond Desire- Unpacking The Strict Threshold for Bench Empanelment Under Article 165(4) of The Constitution of Kenya | MMA Advocates LLP
The article examines the strict threshold required for bench empanelment under Article 165(4) of the Kenyan Constitution, referencing a recent High Court ruling in HCCHR PET. No. E6262 OF 2024 where an application for empanelment was dismissed. It outlines principles from Supreme Court and Court of Appeal precedents, including the need to demonstrate a substantial question of law with significant public interest. The Court of Appeal in Gachagua & 5 others v Maingi & 80 others [2025] KECA 790 (KLR) affirmed that the Chief Justice has sole discretion to empanel a bench.
Court Redraws the Lines: Banks Now Bear Fiduciary Duty Over Estate Accounts | MMA Advocates LLP
The High Court in Succession Cause No. 527 of 1981 held that a bank holding funds for a deceased's estate owes a fiduciary duty to the estate and its beneficiaries. EcoBank Kenya Limited was found liable for Kshs. 284 million improperly withdrawn from an estate account, despite claiming ignorance of a court order restricting disbursement. The court ruled that banks have constructive knowledge of the special nature of estate accounts and must exercise a higher degree of care, including verifying authority before releasing funds. Ignorance of a court order or reliance on signatory instructions is not a valid defense, and failure to protect estate funds constitutes willful negligence.
Supreme Court to clarify Dina Management principles on Chargee sales | MMA Advocates LLP
The Court of Appeal has certified an appeal to the Supreme Court in the case of Intercountries Importers and Exporters Limited vs. Telposta Pension Scheme Registered Trustees, raising questions about the application of the Dina Management principles to properties sold by chargees under statutory power of sale. The dispute involves land that was allegedly fraudulently allocated, leading to conflicting High Court and Court of Appeal decisions on whether a purchaser from a chargee can rely on statutory protections under section 99(3) of the Land Act. The Supreme Court will determine whether the Dina Management holding—that a title is invalid if its root is illegal—applies to chargee sales, and how to reconcile the protection for bona fide purchasers with this principle. The outcome will provide clarity for lenders and property buyers on the validity of titles acquired through chargee sales.
Court of Appeal Clarifies Co-Ownership, Statutory Power of Sale, and Void Transfers in Eighty-Four Investments v Irungu [2025] KECA 1365 (KLR) | MMA Advocates LLP
The Court of Appeal in Eighty-Four Investments v Irungu clarified that a co-owner cannot unilaterally dispose of another co-tenant's interest without consent. The court upheld the nullification of a transfer executed during pending litigation (lis pendens) and under an invalid statutory power of sale. It confirmed that an agreement for sale with one co-owner remains valid if not rescinded, and that a purchaser with notice of a caveat or pending suit is not an innocent buyer. The decision reinforces limits on co-ownership and the consequences of fraud or improper exercise of statutory powers.
CBK Extends RTGS Hours to Support Longer Transaction Window | MMA Advocates LLP
The Central Bank of Kenya has extended the operating hours of the KEPSS RTGS system from 7:00 a.m. to 7:00 p.m. on weekdays, effective July 1, 2025. This change follows stakeholder consultations and aligns with the National Payments Strategy 2022-2025. The extended hours aim to support financial institutions and businesses with large or time-sensitive payments, improve alignment with international banking cycles, and facilitate cross-border transactions.
From NGO to PBO Kenya's Big Shift For Non-Profit Organization is Underway | MMA Advocates LLP
The Public Benefit Organizations Act 2013 (PBO Act) came into effect on 14 May 2024 via Legal Notice No. 78 of 2024, replacing the Non-Governmental Organizations Co-ordination Act. The new law establishes a framework for registering and regulating Public Benefit Organizations (PBOs), which include former NGOs. It requires registration with the newly created Public Benefit Organizations Regulatory Authority, and international organizations must obtain a permit or register. Transitional provisions deem previously registered NGOs as registered under the new Act.
Force Majeure vs Frustration In Kenyan Contract Law: Key Differences Explained | MMA Advocates LLP
The article explains the key differences between force majeure and frustration under Kenyan contract law. Force majeure, a civil law concept, must be expressly included in contracts and typically suspends obligations or allows renegotiation. Frustration, a common law doctrine, automatically discharges the contract without requiring a contractual clause. The article cites Kenyan case law, including Kenya Airways v. Satwant Singh Flora and Kwanza Estates v. JKUAT, to illustrate the application of both doctrines. It emphasizes that without a force majeure clause, parties must rely on the stricter doctrine of frustration.
Kenyas Bold Climate Action Legislating for a Greener Planet | MMA Advocates LLP
Kenya is advancing its climate action through legislative reforms, including the Climate Change (Amendment) Act 2023, which establishes a legal framework for carbon markets. The amendment introduces a national carbon registry, community development agreements for land-based projects, dispute resolution mechanisms, and new offences. These measures aim to align Kenya with the Paris Agreement and generate finance through carbon trading, while protecting local communities.
Equal Rank, Unequal Pay – Court Rules on Pay Discrimination | MMA Advocates LLP
The Employment and Labour Relations Court in Nairobi ruled that Dawa Life Sciences Limited subjected Tom Oduor Ogila to unfair labour practices and discriminatory pay, and that his redundancy termination was procedurally unfair. The court found that Ogila was the lowest-paid senior manager without justification, constituting pay discrimination, and that the redundancy process lacked proper notice to the labour office and pre-redundancy consultations. The court awarded Ogila Kshs. 3,877,166.00 plus costs and interest, and also found unlawful reduction of his leave entitlement. The decision reinforces employer obligations under the Employment Act regarding equal pay and procedural fairness in redundancy.
Balancing Legitimate Expectation and Indefeasible Title | MMA Advocates LLP
Balancing Legitimate Expectation and Indefeasible Title By Larry Moyo Chula Trainee Advocate Legitimate Expectation vs. Indefeasible Title: A deep dive into the Supreme Court’s judgement in Harcharan Singh Sehmi & another v Tarabana Company Limited & 5 others (Petition E033 of 2023). The Supreme Court of Kenya delivered a defining decision that is likely to...
A Simple Guide To The Bona Fide Purchaser For Value Doctrine | MMA Advocates LLP
This article provides an introductory overview of the Bona Fide Purchaser for Value doctrine, a legal principle that protects a buyer who acquires property in good faith, for value, and without notice of any prior claims. It explains the requirements and effects of the doctrine, particularly in real estate transactions. The guide aims to help readers understand how this rule applies in Kenyan law.
When Innocence is Not Enough: Reassessing the Bona Fide Purchaser Doctrine in the Context of Sehmi Another v Tarabana Company Limited 2025 kesc 21 klr | MMA Advocates LLP
The Supreme Court of Kenya, in Sehmi & Another v Tarabana Company Limited [2025] KESC 21 (KLR), clarified the limits of the bona fide purchaser doctrine. The Court held that the doctrine does not protect purchasers where the root title is illegal or irregular, nor does it apply to irregular allocations of public land. Additionally, purchasers must exercise reasonable due diligence, including physical inspection and title search, and failure to investigate suspicious circumstances negates good faith. The decision emphasizes that innocence alone is insufficient without demonstrable prudence.
Lessons from Adani-type deals as Kenya eyes PPPs | MMA Advocates LLP
The article reviews Kenya's experience with public-private partnerships (PPPs), noting that despite a legal framework established in 2013 and overhauled in 2021, only a few projects have succeeded, with the Nairobi Expressway being a notable example. It cites stalled or cancelled projects like the Nairobi-Mombasa Expressway and deals with the Adani Group due to financing disputes, cost concerns, and legal challenges. The author calls for greater transparency, value-for-money assessments, and institutional reforms to restore confidence in PPPs, emphasizing the need for projects to align with public interest and national development goals.
Public Procurement Timelimes | MMA Advocates LLP
The Court of Appeal reaffirmed that the strict 14-day timeline under section 175(1) of the Public Procurement and Asset Disposal Act (PPADA) for challenging Review Board decisions is mandatory and cannot be extended by Order 50 Rule 4 of the Civil Procedure Rules, which excludes the Christmas recess. The Court held that Order 50 Rule 4 applies only to timelines under the CPR or court orders, not statutory deadlines. Consequently, the appellants' judicial review application was correctly struck out as time-barred.
Top Strategies for Effective Dispute Resolution
The article outlines strategies for effective business dispute resolution, emphasizing open communication, understanding root causes, mediation, negotiation, and implementing clear policies. It also discusses arbitration, maintaining professionalism, focusing on interests over positions, learning from experiences, and leveraging technology. The piece highlights the importance of these approaches for preserving business relationships and mentions MMA Advocates as a provider of dispute resolution services in Kenya.
Environment, Climate Change and Natural Resources | MMA Advocates LLP
The article discusses carbon markets as a mechanism to reduce greenhouse gas emissions by putting a price on carbon, creating incentives for entities to adopt sustainable practices. It outlines how carbon markets operate, including government-set emission limits, tradable allowances, and compliance penalties. The piece highlights Kenya's progress in this area, referencing the recently enacted Climate Change (Amendment) Act, 2023, which regulates participation in carbon markets in line with the Paris Agreement.
Introduction to Digital Identities in Kenya | MMA Advocates LLP
Kenya's government announced the Maisha Card, a third-generation ID with Unique Personal Identifiers (UPIs) for adults, children, and newborns, set to launch on September 29, 2023. This follows the earlier NIIMS (Huduma Number) system, which faced legal challenges under the Data Protection Act. The article outlines digital identity management concepts, associated risks, and Kenya's data protection regulatory framework, including the Data Protection Act of 2019 and related guidance notes.