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From the Field to the Courtroom: Kenya's Sports Law in Chambers Global Practice Guides 2026 - TripleOKLaw LLP
TripleOKLaw LLP partners authored the Kenya chapter of Chambers Global Practice Guides: Sports Law 2026, covering key legal topics including governance under the Sports Act, anti-doping and match-fixing integrity issues, commercial rights and broadcasting, employment and dispute resolution, and emerging areas like data protection and AI. The guide provides an overview of Kenya's sports legal framework for in-house counsel, regulators, athletes, and investors.
Why Reassignment of Phone Numbers Is Now a Data Privacy Crisis Telcos Banks and Regulators Cannot Ignore - TripleOKLaw LLP
The High Court in Erastus Nguura Odhiambo v State Law ruled that a registered mobile phone number is a digital identifier protected under Article 31 of the Constitution, prohibiting telcos from reassigning numbers without the original owner's informed consent. The court ordered the Attorney General to develop regulations within six months to address reassignment. The article highlights challenges in obtaining consent from absent subscribers, such as those hospitalized, incarcerated, or deceased, and questions whether the regulatory framework will adequately address these scenarios. It also examines the unresolved issue of whether mobile numbers constitute property under Article 40, given the asymmetry between subscriber liability and telco reclamation rights.
Jurisdiction and Industry Self-Regulation: Lessons from the Unilever v Colgate Advertising Dispute - TripleOKLaw LLP
The article describes the jurisdictional issues arising from the Unilever v Colgate advertising dispute in Kenya. The matter involved a challenge to Unilever's '10X cavity-fighting' claim for Pepsodent toothpaste, which went through three levels of adjudication: the Advertising Standards Committee, the Standards Appeal Council, and the High Court. The High Court affirmed the industry self-regulatory bodies' decisions, holding that jurisdiction is determined at the inception of proceedings and cannot be defeated by a party's withdrawal from the industry code. This case provides guidance on the authority of industry-created adjudicative bodies within Kenya's advertising self-regulatory system.
From Patronage to Performance: Kenya’s Government Owned Enterprises Act 2025 and the Biggest State-Owned Sector Reset Since Independence - TripleOKLaw LLP
Kenya's Government-Owned Enterprises Act 2025 centralizes state ownership under the National Treasury, mandates merit-based board appointments, and ties executive compensation to performance. The law aims to transform state-owned enterprises into commercially disciplined entities while maintaining public accountability. It requires transparent costing and funding of public service obligations, and introduces performance contracts for all government-owned enterprises. The Act represents the most significant governance reform of state corporations since independence.
African Continental Free Trade Area (AfCFTA): A Timely Opportunity for Economic Growth - TripleOKLaw LLP
The article discusses the African Continental Free Trade Area (AfCFTA) as a timely opportunity for Kenya to achieve long-term self-sufficiency amid diminishing support from traditional partners. It outlines the AfCFTA's goals of integrating 54 African nations into a single market, while noting challenges such as infrastructure deficits, regulatory inconsistencies, and concerns over tariff revenue losses. The article also highlights the election of Mahamoud Ali Youssouf as AU Chairman and his focus on economic integration and private sector collaboration to advance the AfCFTA.
Reasserting Jurisdictional Discipline: The Karungu & Nyiro v. NEMA Ruling and Its Impact on SEZ and Energy Infrastructure Litigation - TripleOKLaw LLP
The Environment and Land Court in Mohamed Said Ali Karungu & Raphael Mwandoe Nyiro v. NEMA & Taifa Gas Investment SEZ Ltd upheld a preliminary objection based on res judicata and the doctrine of exhaustion, striking out a petition challenging an EIA license. The court ruled that the petitioners, as members of the same community represented in prior National Environment Tribunal appeals, were barred from relitigating the same issues. It also held that parties must exhaust statutory remedies under EMCA before seeking constitutional redress. The decision reinforces procedural discipline in environmental adjudication and provides certainty for SEZ and energy infrastructure investments.
Navigating Kenya’s Evolving Merger Control Landscape in 2026 - TripleOKLaw LLP
Kenya's merger control regime requires mandatory notification for transactions that result in control or creation of a full-function joint venture, with thresholds based on turnover or assets. The Competition Authority of Kenya (CAK) applies both a competition test and a public interest test, considering employment and SME impacts. Non-compliance can result in fines up to 10% of annual turnover. Upcoming reforms include provisions for digital market dominance and enhanced public participation.
From Preferential Trade to Pan-African Integration: Kenya’s Strategic Reorientation Amid Global Volatility - TripleOKLaw LLP
The article analyzes Kenya's economic reorientation as the African Growth and Opportunity Act (AGOA) expires in September 2025, coinciding with political shifts in the U.S. and the African Union. It highlights Kenya's success under AGOA, particularly in textile exports, and the challenges faced by small businesses. The piece positions the African Continental Free Trade Area (AfCFTA) as a strategic alternative for Kenya's future trade integration.
Exploring Africa's Investment Landscape: Meritas Legal Guide for Business Investment & Expansion 2025 - TripleOKLaw LLP
The article discusses the Meritas Africa Legal Guide for Business Investment & Expansion 2025, which provides jurisdiction-specific legal overviews for 12 African countries. The Kenya chapter, authored by TripleOKLaw LLP, covers foreign direct investment regulations, common legal entities for market entry, sectoral ownership limits, taxation and incentives, employment and immigration requirements, dispute resolution frameworks, and intellectual property protection. The guide aims to assist businesses and legal professionals in navigating cross-border investments and regulatory compliance across Africa.
Capping the Cost of Credit: In Duplum Rule and the Battle for Fair Lending in Kenya - TripleOKLaw LLP
The article examines the in duplum rule in Kenya, which caps interest on non-performing loans at the principal amount to protect borrowers from excessive charges. Introduced via the Banking Act in 2007, the rule applies when a loan becomes non-performing after 90 days of non-payment. Kenyan courts have extended its application beyond banks to other lenders, such as the Higher Education Loans Board, as seen in Mugure v HELB. The rule is grounded in constitutional consumer rights under Article 46, balancing freedom of contract with protection from exploitative lending practices.
VAT on Commercial Property Sales in Kenya: Court of Appeal Clarifies the Law - TripleOKLaw LLP
The Court of Appeal in Kenya ruled that VAT applies to sales of commercial property, affirming that the VAT exemption only covers land and residential premises, not commercial buildings. This overturns a High Court decision that had interpreted 'land' broadly to include all structures. The ruling has significant implications for property developers, investors, and buyers, who must now account for VAT in pricing and financial planning. The decision clarifies that commercial property transactions are subject to VAT while residential and vacant land remain exempt.
Understanding the UN Dispute Tribunal (UNDT) Procedures - TripleOKLaw LLP
The article outlines the procedures for filing a case before the UN Dispute Tribunal (UNDT), emphasizing the requirement for a Management Evaluation Request (MEU) and informal resolution attempts before application. It details key timelines: the 30-day period for the MEU to respond, followed by a 90-day window to file with the UNDT. The article discusses exceptions based on the MEU's response timing, citing the Mohammed case where a late MEU response resets the 90-day filing period. It advises staff members to file within the 90-day window to avoid dismissal, even if the MEU responds late.
An Overview of the EU-Kenya Economic Partnership Agreement (EPA) - TripleOKLaw LLP
Kenya and the European Union signed an Economic Partnership Agreement (EPA) on December 18, 2023, which came into force in July 2024. The agreement grants Kenyan exports duty-free, quota-free access to the EU market while partially and gradually opening Kenya's market to EU imports. It builds on previous negotiations for an EPA with the East African Community (EAC), with Kenya proceeding alone after other EAC partner states were reluctant to ratify. The EPA aims to boost Kenya's exports, which have been dominated by primary commodities and limited to a few EU countries, by providing access to all 27 EU member states.
Artificial Intelligence and Intellectual Property Rights - TripleOKLaw LLP
The article discusses the rise of AI-generated artwork and its implications for intellectual property rights. It highlights cases such as Jason Allen's AI-created winning entry at the Colorado State Fair and the controversy it sparked. The legal question of copyright ownership for AI-generated works is examined, referencing the Thaler v. Vidal case, which held that works created by AI without human input cannot be copyrighted under U.S. law.
Appointment and Removal of Trustees Made Easy - TripleOKLaw LLP
The Business Registration Services (BRS) began processing trust-related applications on June 3, 2024, following the Statute Law (Miscellaneous Amendment Act), 2024, which transferred this function to the Registrar of Companies. Appointments and removals of trustees are now submitted via an online form requiring details such as names, identification, and contact information, along with supporting documents like board minutes and Form B. The article notes that Form B, currently designed for both appointment and removal, may need expansion to clearly accommodate separate scenarios.