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The Go Blue Project in the Blue Economy in County 003 (Kilifi County, Kenya) - MMS Advocates
MMS Advocates continues its Go Blue Economy series with an analysis of Kilifi County (County 003) in Kenya, focusing on the blue economy sector in that region.
Unfair Termination Does Not Erase Employee Liability: Lessons from Kenneth Mwangi v Multigraph Machinery (K) Ltd - MMS Advocates
The Employment and Labour Relations Court ruled that an employee's successful unfair termination claim does not bar an employer's counterclaim for losses caused by the employee's negligence. In Kenneth Mwangi v Multigraph Machinery (K) Ltd, the employee was awarded KES 241,668 for procedural unfairness, but the employer won KES 1,452,112.12 for damages due to the employee's poor workmanship. The court emphasized the distinct legal bases of procedural fairness in termination and civil liability for negligence.
From Representation to Power: How Kenya’s Courts Are Quietly Redefining Governance - MMS Advocates
Kenya's High Court issued two rulings redefining governance: first, it directed the Cabinet to be reconstituted within 120 days to comply with the two-thirds gender rule, emphasizing constitutional commitment to equality. Second, it upheld the appointment of opposition-affiliated individuals to the Cabinet, ruling that political affiliation cannot bar a person from executive service. Together, these decisions broaden the meaning of inclusion to encompass both representation and participation, leaving deeper questions about opposition and accountability for the public and institutions to resolve.
The Hidden Ownership Gap in Outsourced Brand Design - MMS Advocates
The article explains that under Kenyan copyright law, the creator of a design, not the paying client, is the default owner unless a formal written assignment is executed. This exposes businesses to risks during audits or funding rounds, as generic invoices or emails do not transfer full ownership. To secure brand assets, companies must sign a service agreement with an explicit copyright assignment clause and a standalone Deed of Assignment before final payment.
Supreme Court Affirms High Court Jurisdiction in Public Interest Challenge to State Corporation CEO Appointments - MMS Advocates
The Supreme Court upheld the High Court's jurisdiction to hear a public interest constitutional petition challenging the recruitment and appointment of Chief Executive Officers of State corporations. The Court rejected arguments that the Employment and Labour Relations Court (ELRC) had exclusive jurisdiction, noting that the petitioners were citizens and not job applicants. It clarified that the ELRC's jurisdiction extends to pre-employment constitutional challenges but affirmed the High Court's authority under Article 165(3) of the Constitution. The Court directed that the petition be heard on a priority basis.
MRIMA HILL & DONGO KUNDU SEZ - MMS Advocates
Mrima Hill in Kwale County, Kenya, contains an estimated KSh 8.1 trillion in critical minerals, including niobium and rare earth elements. The deposit has remained undeveloped due to licensing disputes and governance failures over the past two decades. In 2026, the Kenyan government launched an open, competitive tender under the Mining Act to attract investors, requiring local processing infrastructure. The tender has attracted interest from US-backed and Australian consortia, marking a shift from prior closed-door licensing.
Beyond Compliance: What the Cabinet Ruling Reveals About Kenya’s Commitment to Equality - MMS Advocates
The High Court of Kenya ruled that President William Ruto's Cabinet is unconstitutional because it does not meet the two-thirds gender rule requirement under Article 27(8), with only 7 out of 25 members being women. The court gave the President 120 days to remedy the gender imbalance, but upheld his reappointment of ministers after the 2024 political tensions, the inclusion of opposition figures, and the National Assembly's vetting process. The decision reinforces the obligation to comply with constitutional gender equality provisions while affirming executive discretion in shaping the government.
The Under-16 Social Media Ban: Can Kenya Legally Enforce It? - MMS Advocates
A petition before Kenya's Parliament proposes the Child Online Protection and Digital Responsibility Act, which would ban children under 16 from creating social media accounts independently and require age verification and parental consent. The draft law faces constitutional challenges under Kenya's Constitution, including conflicts with privacy (Article 31), freedom of expression (Article 33), and access to information (Article 35), as well as with the Data Protection Act, 2019. Practical concerns include the risk of driving minors to unregulated platforms, and the law must satisfy the proportionality test under Article 24 to limit fundamental rights. The article concludes that a balanced approach focusing on 'safety-by-design' compliance may be more effective than a blanket ban.
Kenya's KES 244.5 Billion Safaricom Stake Sale: How the Courts is Shaping One of East Africa's Biggest Deals. - MMS Advocates
The Kenyan government agreed to sell a 15% stake in Safaricom to Vodacom for KES 244.5 billion, intending to fund infrastructure projects. The High Court froze the deal in March 2026 after petitions challenged the price, public participation, and national security concerns. In June 2026, the Court of Appeal lifted the freeze, finding public interest favored proceeding. The transaction remains subject to ongoing constitutional petitions.
Kenya's Local Content Bill, 2026: What Commercial Businesses and Foreign Investors Need to Do Now - MMS Advocates
Kenya's proposed Local Content Bill, 2026, would impose mandatory local procurement, employment, and capacity-building obligations on foreign-owned companies operating in the country. Key requirements include sourcing at least 60% of goods and services locally and ensuring 80% of employees are Kenyan nationals. The Bill aims to promote domestic industry and skills transfer, with a one-year implementation period after enactment. Businesses are advised to conduct procurement audits, review workforce composition, and develop local supplier networks in preparation.
The Quiet Evolution of Kenya’s Finance Bill 2026 - MMS Advocates
The Finance Bill 2026, signed by President Ruto, represents a shift from the contentious Finance Bill 2024, which sparked nationwide protests. It expands the definition of 'royalty' to include digital payments and platform-based transactions, and introduces pre-populated tax returns by the Kenya Revenue Authority for enhanced compliance. The Bill also significantly raises the duty-free allowance for returning travellers from KSh 39,000 to KSh 260,000. It maintains consumption taxes like VAT and excise duty while aiming to broaden the tax base through tighter reporting requirements.
The Pre-Merger Mandate: Why Deal Closure in Kenya Now Requires Prior Regulatory Clearance - MMS Advocates
The Competition Authority of Kenya and the East African Community Competition Authority have implemented a mandatory pre-merger clearance system, requiring transactions meeting combined assets or turnover of KES 500 million or more to obtain regulatory approval before closing. The suspensory regime prohibits integration prior to approval, with penalties including fines and unwinding of deals. Filing fees range from KES 500,000 to KES 5 million based on transaction size, and clearance timelines can extend from 60 to over 120 days. Companies must now treat regulatory approval as a front-line factor in deal strategy, incorporating conditions precedent into agreements and planning for increased costs and extended timelines.
The Go Blue Project in the Blue Economy in Kwale County (County 002): Part 1 - MMS Advocates
The article introduces the Go Blue Project, part of the Blue Economy initiative, focusing on Kwale County (County 002). It is the first of a two-part series exploring the project's implementation and impact in the coastal region. The piece highlights the county's unique position from sea to hills and aims to capture the people's voice in the development process.
Creditors' Voluntary Liquidation in Kenya: An Underutilised Tool for Corporate Rescue and Orderly Exit - MMS Advocates
The article discusses creditors' voluntary liquidation (CVL) under Kenya's Insolvency Act 2015, noting its underutilisation despite being designed for orderly exit of insolvent companies. CVL allows directors to proactively wind up the company, promoting transparency and protecting directors from wrongful trading claims. The article attributes low adoption to misconceptions, lack of awareness, and preference for informal arrangements, and argues for greater use to facilitate efficient resource reallocation.
Regulation vs Reality: The Enforcement of Kenya’s Shisha Ban - MMS Advocates
Kenya's shisha ban, initially enacted in 2017, faced inconsistent enforcement and a 2024 court ruling that temporarily declared it unlawful due to procedural failures. However, higher courts later reaffirmed the ban, and by 2026 the government intensified enforcement with coordinated crackdowns, stricter penalties (up to 1 million shillings or six months imprisonment), and proposals to cover herbal variants and new devices. The article examines the tension between public health objectives and the social and economic roles shisha plays in Kenyan nightlife.
Carbon Credits and the Carbon Market - MMS Advocates
The article provides a simplified overview of carbon credits and the carbon market, explaining their definitions and significance. It is part of a two-part series aimed at helping readers understand these concepts and why they matter. The author uses clear language to break down complex terminology for a broader audience.
Shifting Paradigms in Family Law: The Judicial Recognition of Non-Monetary Matrimonial Contributions - MMS Advocates
The High Court in Kenya issued a landmark ruling recognizing non-monetary contributions such as domestic labor in the division of matrimonial property. Justice Asenath Ongeri held that a marriage certificate is not the sole proof of rights to property, and that homemaking constitutes a legally recognized contribution under the Matrimonial Property Act. The decision emphasizes the constitutional guarantee of equal rights at marriage dissolution and shifts focus from rigid documentary evidence to a factual assessment of partnership contributions.
The Go Blue Project in the Blue Economy in Mombasa County (County 001): - MMS Advocates
The article examines the Go Blue Project within the Blue Economy framework, focusing on Mombasa County as part of the Jumuiya ya Kaunti za Pwani (Coastal Counties Economic Block). It discusses policy and governance aspects of the initiative, highlighting its role in promoting sustainable economic development in the region.
Can the Kenyan Government Monetise eCitizen Data Without Violating Privacy Rights? - MMS Advocates
The article examines the Kenyan government's proposal to monetize anonymized datasets from eCitizen and other State-managed platforms, raising privacy concerns under the Data Protection Act, 2019 and Article 31 of the Constitution. It highlights risks of re-identification through AI, inadequate consent for commercial use, and questions over data ownership, arguing that the State may act as a trustee rather than owner of citizen data. The piece warns that without robust legal safeguards, commercializing public data could infringe on privacy rights and subject citizens to economic extraction.
The Impeachment of Former Deputy President Rigathi Gachagua: A Constitutional and Judicial Turning Point in Kenya - MMS Advocates
The article outlines the impeachment of former Deputy President Rigathi Gachagua under the 2010 Constitution, detailing the parliamentary process in the National Assembly and Senate, and the subsequent High Court ruling. The court found that while the impeachment procedure was constitutionally compliant, the Senate violated Gachagua's right to a fair hearing by refusing an adjournment during his illness. It awarded KSh 50 million in constitutional damages against the Senate.
Kenya's Wildlife Conservation Laws - MMS Advocates
MMS Advocates provides a digest of Kenya's specific wildlife conservation laws, examining how Kenyans coexist with wildlife in their daily lives. The article outlines the legal framework governing wildlife protection and human-wildlife interaction in Kenya.
THE RECENT RULING ON FORMER CHIEF JUSTICE DAVID MARAGA’S ADVICE TO THE FORMER PRESIDENT ON THE TWO-THIRDS GENDER RULE IN KENYA - MMS Advocates
The High Court recently quashed former Chief Justice David Maraga's 2020 advisory recommending the dissolution of Parliament for failing to implement the two-thirds gender rule. A five-judge bench ruled that the advisory lacked binding force and could not compel presidential action, emphasizing separation of powers and democratic stability. The decision weakens the enforcement mechanism of Article 261 but does not eliminate the constitutional obligation to enact gender-equity legislation.
The legal battle behind the Judicial freeze on the Laikipia Air Base Ebola facility. - MMS Advocates
The High Court of Kenya issued conservatory orders blocking the establishment of a US-backed Ebola quarantine facility at the Laikipia Air Base, following a petition by the Katiba Institute. The court cited lack of transparency and public participation, ordering the government to disclose bilateral agreements and operational protocols. Local communities and medical professionals opposed the facility, criticizing it as an 'apartheid healthcare model' and questioning the safety of hosting a pathogen. The court's decision underscores the tension between executive diplomatic actions and constitutional safeguards.
TAXATION OF BETTING AND GAMING IN KENYA - MMS Advocates
The article examines the taxation of betting and gaming in Kenya, highlighting the sector's significant tax revenue growth from KSh 5.7 billion in FY 2021/22 to KSh 28.45 billion by April 2026. It details the withholding tax on winnings, which was reduced from 20% on net winnings to 5% on withdrawals under the Finance Act 2025, but faces a proposed reversal to 20% plus the existing 5% under the Finance Bill 2026. The excise duty was restructured from a 5% tax on stakes to a 5% tax on deposits under the Finance Act 2025. The article also discusses KRA's real-time monitoring systems and the legal framework, including key court cases and the Gambling Control Act, 2025.
Movable Property Security Rights in Kenya and the Transition to BRS Version II - MMS Advocates
The article discusses Kenya's Movable Property Security Rights Act, 2017, which enables the use of movable assets as collateral for loans, and the transition to BRS Version II. The Act established an electronic notice-based registry for security interests, improving transparency and access to credit, especially for SMEs. The upgrade to BRS Version II aims to streamline registration processes and enhance the efficiency of the registry system.
Carbon Credits and the Carbon Market - MMS Advocates
The article provides an introductory overview of carbon credits and the carbon market, explaining their purpose and function. It breaks down complex concepts into accessible terms, covering how carbon credits are generated, traded, and their role in mitigating climate change. The piece emphasizes the growing importance of carbon markets for businesses and economies.
Inside the Utumishi Girls Fire: Investigations, Institutional Failures, and the Path Forward - MMS Advocates
The Utumishi Girls fire in Gilgil, Kenya, resulted in student casualties, with investigations suggesting the fire may have been deliberately set by students. Authorities arrested several suspects, and court proceedings are ongoing, with prosecutors requesting up to 30 days to detain them. The incident has sparked debates on school safety measures, including CCTV in dormitories, and prompted a government-ordered nationwide audit of boarding schools. The article examines systemic failures, student welfare, and the need for prevention.
Case Summary: Diamond Trust Bank Kenya Limited v Mutubia & Another [2026] KECA 1001 (KLR) - MMS Advocates
The Court of Appeal in Diamond Trust Bank Kenya Limited v Mutubia & another [2026] KECA 1001 (KLR) held that a counterclaim cannot survive where the main suit has been struck out for lack of jurisdiction. The Court ruled that proceedings before a court without jurisdiction are a nullity ab initio, rendering all subsequent pleadings, including counterclaims, invalid. The decision reaffirms the principle that jurisdiction is fundamental and cannot be cured by party conduct or subsequent proceedings.
Data Beyond Borders: Managing Cross-Border Transfer Risks in Kenya. - MMS Advocates
The article discusses the regulatory obligations under Kenya's Data Protection Act, 2019 for cross-border transfer of personal data. It highlights that businesses must ensure foreign recipients have adequate safeguards consistent with Kenyan principles, and that compliance is a governance concern for senior management. Tools like Data Protection Impact Assessments and vendor evaluations are important for mitigating risks.
AI Surveillance in Kenya: Security Tool or Constitutional Test? - MMS Advocates
The article examines Kenya's deployment of AI-powered surveillance technologies for security and public service delivery, raising constitutional questions about privacy, freedom of expression, and state power. It highlights concerns that expanded digital monitoring may infringe on rights protected by the Constitution and the Data Protection Act, particularly in the context of political activism and AI-generated misinformation. The piece argues for transparent, accountable, and independent oversight to ensure compliance with constitutional principles.
A Nation on Edge: The Unfolding Crisis of Missing and Abducted Children in Kenya - MMS Advocates
The article reports on the rising crisis of missing and abducted children in Kenya, citing government data that over 10,000 child protection cases have been reported, including abductions and trafficking. It highlights the emotional impact on families, the evolving nature of risks due to digital interactions, and the inadequacy of prevention systems. The piece notes recent government emergency measures but argues that response mechanisms are often too late, emphasizing the need for stronger preventive safeguards.
The Africa Forward Summit: A New Chapter in France-Kenya Relations and What It Means in Practice - MMS Advocates
The Africa Forward Summit, held in Nairobi in May 2026, marked the first France-Africa summit outside Francophone Africa, signaling a shift in France's engagement toward non-Francophone countries. Kenya and France announced €23 billion in investment commitments, including €700 million from CMA CGM for Mombasa port modernization. The summit highlighted a shared agenda on green industrialization, digital infrastructure, and private-sector-led development, against a backdrop of France's declining influence in West Africa. The article notes that commercial relationships remain subject to renegotiation, referencing the termination of a previous highway deal with a French consortium.
The Fuel Price Crisis in Kenya: Its Connection to the Legal and Economic Systems - MMS Advocates
The article analyzes Kenya's fuel price crisis as a reflection of structural issues in its legal and economic systems. It highlights the role of the Energy and Petroleum Regulatory Authority (EPRA) and the Energy Act in regulating fuel prices, and discusses constitutional concerns regarding socio-economic rights, fairness of taxation policies, and the balance between public welfare and fiscal sustainability. The crisis also demonstrates Kenya's vulnerability as a net fuel importer subject to global oil prices and exchange rate fluctuations, with ripple effects across sectors such as transport, food, and manufacturing.
Case Summary: HSO, AMO, TA & Another v Attorney General & 3 Others (Petition No. HCCHRPET/E490/2025) - MMS Advocates
The High Court of Kenya at Nairobi partially allowed a petition challenging the constitutionality of Sections 8, 9, 11, and 43(4)(f) of the Sexual Offences Act, 2006. The Court declared that applying these sections to consensual, non-coercive, close-in-age adolescent conduct, absent exploitation or power imbalance, is unconstitutional. It held that such blanket criminalization violates constitutional rights to dignity, privacy, equality, health, and the best interests of the child, failing the proportionality test under Article 24. The Court distinguished between exploitative adult predation and consensual adolescent peer intimacy, stating that the latter should be addressed through supportive guidance rather than criminal prosecution.
History, Frameworks and Gaps in ESG in Kenya: Coastal Edition - MMS Advocates
ESG is no longer just an acronym; it's a living, breathing force of nature that requires undivided attention from all stakeholders involved with it. MMS Advocates take a look at what it means within the Kwale County context.
THE JUDICIAL SERVICE (PETITION FOR REMOVAL OF A JUDGE) (PROCEDURE) REGULATIONS, 2026 - MMS Advocates
The Judicial Service (Petition for Removal of a Judge) (Procedure) Regulations, 2026 operationalize Article 168 of the Constitution of Kenya, governing the removal of superior court judges. The regulations establish guiding principles including judicial independence, accountability, confidentiality, and procedural fairness. They detail the process for both Commission-initiated removal and public petitions, including evaluation, investigation, hearing, and reporting. The Commission may recommend removal to the President if grounds are established, while ensuring protection of witnesses and adherence to natural justice.
The Refinery and the Prize: Dangote Eyes Mombasa - MMS Advocates
Aliko Dangote has signaled interest in building a $15-17 billion oil refinery in Mombasa, Kenya, citing the port's infrastructure and Kenya's larger fuel market as key factors. The project requires host government provision of land, regional financing participation, and strong anti-dumping laws. Mombasa offers operational flexibility over Tanga, Tanzania, due to its deep port and independence from the EACOP pipeline. The investment would be one of the largest private investments in Africa, contingent on legal and regulatory frameworks.
Kenya–France Summit: Investment, Innovation and the Politics of Partnership - MMS Advocates
The inaugural Africa Forward Summit was held in Nairobi, co-chaired by Presidents Ruto and Macron, focusing on investment and innovation in seven key sectors. Major agreements included a KSh 12.5 billion Nairobi Commuter Rail modernisation, a €700 million investment in Mombasa port, and a €120 million micro-grid project. The summit highlighted Kenya's role as a regional hub but raised legal questions about regulatory frameworks, data protection, AI governance, and the Kenya-France Defence Cooperation Agreement. Public sentiment was mixed, with concerns about debt exposure and the equitable distribution of benefits.
CONTRACT AND CONSUMER LAW IN BETTING AND IGAMES - MMS Advocates
The article discusses the transformation of gambling regulation in Kenya, with oversight shifting from the Betting Control and Licensing Board (BCLB) to the Gambling Regulatory Authority (GRA) as of February 28, 2026. It establishes bettors as consumers with enforceable rights under the Consumer Protection Act, 2012, and the proposed Gambling Control Regulations, 2026. Operators must comply with obligations including holding player funds in segregated accounts, maintaining a customer care center, and integrating with the GRA's monitoring system. Dispute resolution is handled by the new Gambling Appeals Tribunal and the GRA's complaints function, with the Competition Authority of Kenya providing an additional layer of consumer protection.
Stakeholder Engagement Plan: The Tougher Aspect of Conservancy Work - MMS Advocates
The article discusses the legal framework for stakeholder engagement in conservancy work in Kenya, focusing on the requirements and challenges of implementing such plans. It examines current laws and regulations governing conservancies and explores future developments in the sector.
Case Summary: Baya & 3 others v Gunga (Civil Appeal E027 of 2023) [2026] KECA 899 (KLR) - MMS Advocates
The Court of Appeal dismissed an appeal challenging a trial court's finding that no customary trust existed over registered land. The appellants claimed the land, registered in the names of two siblings as tenants in common, was held in trust for the wider family. The court held that registration with defined shares indicated separate ownership, and the appellants failed to prove an intention to create a trust at the time of registration. The decision reaffirms that family relationship or historical use alone does not establish a customary trust.
The Illegality of Self-Help Evictions in Kenya and the Requirement for Due Process in Tenancy Disputes. - MMS Advocates
The article discusses the illegality of self-help evictions in Kenya, emphasizing that landlords must follow due process even when tenants are in rent arrears. It highlights that unlawful eviction can lead to legal claims, and distress for rent must be conducted by a licensed auctioneer. Additionally, it notes that security deposit deductions must be justified with evidence, as affirmed in the case of Michelle Muhanda v LP Holdings Limited. The article advises landlords to use proper legal channels rather than direct action.
Stakeholder Engagement Plan: The Tougher Aspect of Conservancy Work - MMS Advocates
The article discusses the complexities of developing a Stakeholder Engagement Plan (SEP) in conservancy work in Kenya. It explores the definition of stakeholders and the challenges of identifying and involving the relevant agencies and individuals. This is the first part of a two-part series focusing on conservancy-related legal and community engagement aspects.
No Instructions, No Action: The Advocate’s Duty to Act Only with Client Authority - MMS Advocates
The article outlines the foundational principle that lawyers act as agents of their clients, with authority derived from client instructions. It emphasizes the distinction between client-controlled objectives (e.g., whether to settle) and lawyer-discretionary means (e.g., procedural tactics). Key measures to demonstrate proper instructions include written retainer agreements, specific authorizations for major steps, contemporaneous file notes, confirmatory letters, and ongoing communication. The article warns that unauthorized actions by a lawyer are voidable or void and do not bind the client, and recommends protective measures such as signed retainer agreements and written instructions before filing suit.
Ideas, Expression, and Corporate Liability: A Case Analysis of Peter Nthei Muoki & Beluga Limited v Safaricom PLC - MMS Advocates
In Peter Nthei Muoki & Beluga Limited v Safaricom PLC, the High Court ruled that while ideas are not copyrightable, the detailed expression of an idea can be protected. The Court found that Safaricom infringed the Plaintiffs' copyright in their 'M-Teen Mobile Wallet USSD Code' by launching a substantially similar product after the Plaintiffs disclosed detailed operational flows. Safaricom's defense of independent development was rejected due to lack of documentary evidence. The Court awarded Kshs 1.4 billion in damages and imposed an ongoing royalty of 0.5% of M-PESA revenues, a decision that reinforces copyright protection for technical documentation and scrutinizes corporate claims of independent creation.
Kenya’s Finance Bill 2026 Debate: A Critical Look at Tax Policy, Public Burden, and Economic Direction. - MMS Advocates
Kenya’s Finance Bill 2026 has sparked debate over proposed tax increases on digital services, housing, and consumer goods, which critics argue will burden ordinary citizens. The government withdrew a controversial tax on second-hand clothes (mitumba) after public backlash. The Bill relies heavily on indirect taxes such as excise duties and VAT adjustments, raising concerns about fairness and economic impact. Parliament has invited public input, with the mitumba reversal demonstrating the potential influence of citizen engagement.
WILL REGISTERING TRADEMARKS IN KENYA BE APPLICABLE OUTSIDE KENYA? - MMS Advocates
This article explains that trademark registration in Kenya, governed by the Trademarks Act (Cap. 506) and administered by KIPI, is territorial and only grants protection within Kenya. It outlines key legal principles such as territoriality, distinctiveness, prevention of consumer confusion, and protection of goodwill, citing relevant sections (7, 14, 15, 15A) and the case of Sony Corporation v Sony Holdings Limited. The article advises that businesses seeking protection outside Kenya must register trademarks in each specific jurisdiction, as Kenyan registration does not automatically extend abroad.
Where Trust Ends and Business Risk Begins. - MMS Advocates
Many Kenyan businesses start informally based on trust and shared opportunity, deferring formal governance structures. As they grow, changes in capital contributions, roles, and external partners expose gaps, leading to disputes over control and ownership. Early documentation of ownership, roles, profit allocation, and exit expectations can mitigate these disputes and support business stability.
The House without Land: Understanding Kenya's Coastal Ground Lease - MMS Advocates
The article explains the ground lease system prevalent along Kenya's coast, where a lessee owns improvements on land owned by another party. It outlines the legal basis in the Land Act 2012 and Land Registration Act 2012, typical lease terms, and critical reversionary clauses. Risks for both lessees and landowners are detailed, including lease expiry, rent escalation, and disputes over building ownership. Practical guidance emphasizes the importance of land searches and written, registered leases.
The Green Paint on a Cracked Wall: Surviving the Compliance Ghost - MMS Advocates
The article uses the analogy of an unused gym membership to illustrate the common disconnect between having compliance policies and actually implementing them. It argues that many organizations spend significant resources on compliance documentation without ensuring effective enforcement, leaving them vulnerable to risks. The piece highlights the importance of moving beyond superficial compliance to genuine adherence.