Author: Amy Maina
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The Limits of Institutional Discretion in Data Processing: A Critical Analysis of the ODPC Determination in Merceline Akoth Odeyo v St. Luke Orthopaedic & Trauma Hospital Eldoret
The processing of personal data is an essential aspect of modern commerce and service delivery, particularly in the healthcare sector where institutions routinely handle sensitive patient information. However, the autonomy of organizations to process personal data is not absolute. Article 31 of the Constitution of Kenya, 2010 guarantees every person the right to privacy, including…
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The Limits of Testamentary Autonomy in Kenya: A Critical Analysis of No-Contest Clauses with Reference to Article Seven of Nderitu Gachagua’s Will
Courts will not enforce provisions in a will that are illegal, uncertain, or contrary to public policy. A testator cannot, for example, impose conditions that are discriminatory, immoral, or designed to defeat statutory protections.
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Court of Appeal Affirms Strict Timelines for Procurement Reviews and Limits Procurement Board’s Jurisdiction
Author: Gideon K. Muturi The Court held that a request for review must be filed within 14 days of the earliest procurement breach, failing which the PPARB lacks jurisdiction. Our firm has successfully defended an appeal challenging the High Court’s decision in Republic v Public Procurement Administrative Review Board; County Government of Nyeri & another;…
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Legal Alert: Contracts and the Unforeseen: Frustration vis -A-vis Force Majeure
Article by Benjamin By Neto Kitheka Benjamin; LLB Hons(UoN), KSL DIP INTRODUCTION In modern commercial practice, contracts for construction, aviation, leases, supply of goods, financing, and public procurement often run over long periods of time. During their performance, events such as pandemics, government shutdowns, war, natural disasters, or regulatory changesmay intervene. Execution of obligations may…
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Legal Alert: Contractual Cliffhangers: Understanding probationary termination
Article by Ivy Chepkorir Probation is the work world’s “try before you buy deal. “ Both sides get to test the waters, but it’sonly official if it’s written down. Probation is a legal tool used to assess a candidate’s suitability for the position and the business overall. Vital to note is that probation must be…
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Important Update on Appointment of Administrators Under the Insolvency Act
Author: Gideon Kamau Muturi The High Court of Kenya recently delivered a key ruling in I&M Bank Limited v Mitini Scapes Development Limited KEHC 5491, clarifying the procedure and limitations relating to the appointment of company administrators by debenture holders whose security predates the Insolvency Act (Act No. 18 of 2015). The Key take aways…
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Legal Alert: Completing an Acquisition of a Licensed Betting Operator in Kenya
Article by; Gideon Kamau Muturi G.K. Muturi & Co. Advocates is pleased to announce the successful conclusion of a 100% acquisition of a licensed betting company in Kenya on behalf of our clients. This transaction underscores that acquiring a betting operator is markedly more regulated and process-intensive than a standard corporate acquisition, particularly regarding licensing…
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Legal Alert: Court of Appeal Judgement in Kenya Revenue Authority v. David Mwangi Ndegwa Clarifies VAT on Commercial Property.
Article by Gideon Muturi. The Court of Appeal, in Civil Appeal No. 65 of 2019; Kenya Revenue Authority v. David Mwangi Ndegwa, has delivered a significant Judgement regarding the applicability of Value Added Tax (VAT) to the sale of commercial property. This decision overturns the earlier Judgement of the High Court and provides clarity on…
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Legal Alert: Court Affirms Requirements For Leave In Derivative Claims.
Article By Gideon Muturi assisted by Anita Nyaga Are you aware that as a shareholder, you cannot bring a claim on behalf of a company without first obtaining the court’s permission? This crucial principle was reaffirmed in the recent High Court decision in Simon Njoroge Ndungu vs. Stanley Livondo & David Kiguongo Kanja & 2…
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Legal Alert: Understanding Estate Planning (Part Two)
Series Created by Gideon Muturi In the first part of our estate planning series, we introduced the foundational concepts, focusing on why estate planning is crucial for everyone, not just the wealthy. In this second part, we delve deeper into wills, exploring their importance, common pitfalls, and how to ensure they serve their purpose effectively.…