WANGU KIMURE ADVOCATE OF THE HIGH COURT OF KENYA/ JUSTICE IS OUR SHIELD AND DEFENDER

INSOLVENCY LAWS What to consider while applying for insolvency The Insolvency Act N0.18 of 2015 did revolutionize the State laws on bankruptcy. The key objectives of the laws being; To secure an equitable distribution of the debtor's property among creditors To relieve the debtor of his liabilities  APPLICATION BY A DEBTOR  FOR A BANKRUPTCY ORDER: Under Sec 32 of the Act, a debtor can apply for a bankruptcy order because of his inability to pay debts. This application should be accompanied by the debtors financial position indicating the nature of assets and liabilities. The Key requirement is to notify Creditors of the application through publication in a paper of nationwide circulation and in the Kenya Gazette to allow objections before its hearing. WHAT TO AVOID AS DEBTORS IN BANKRUPTCY PROCEEDINGS. It is noteworthy that bankruptcy is seen as the last resort because it has grave consequences for debtors and creditors. When going to court for orders for bankruptcy you must o...

  THE CONCEPT AND BENEFITS OF REAL ESTATE INVESTMENTTRUSTS (REITS) These are regulated investment channels allowing collective real estate investment.  Investors come together and pool funds in a trust to earn profits or income from real estate.  REITS source funds to acquire and generate income from real estate assets. REITs are regulated by the Capital Markets(Real Estate Investment Trusts)(Collective Investment Schemes) Regulations 2013. Under Regulation 8, REITS are categorized into:               -  Development Real Estate Investment Trusts(D-REITS) - Here, the trustees acquire Land,                   develop it, and sell it at a profit.               -  Income Real Estate Investment Trusts (I-REITS)- The Trusts acquires already developed                     property, or develop it for purp...

  DATA PROTECTION IN KENYA The Data Protection Act (DPA)  became operational on the 25th Nov, 2019. The Act gives effect to articles 31 (c) and (d) of the  Constitution of Kenya, 2010.  In that respect, the DPA establishes the office of the Data Protection Commissioner (the ODPC) provides for the processing of personal data, and sets out the rights of data subjects as well as obligations of data processes and data controllers. The ODPC has the mandate to protect the privacy of individuals and oversee the enforcement of the DPA. On this basis the ODPC is mandated to receive and investigate any complaint on infringement of privacy rights under the DPA. Some of the important aspects to be noted when filing or defending a complaint as far as an authorized disclosure of personal or sensitive data.  1. JURISDICTION AND TIMELINES      The ODPC is mandated by the DPA  to be responsible for the enforcement of data protection, including receiving and i...

  WHAT YOU NEED TO KNOW ABOUT EVICTION PROCESS. THE LEGAL FRAMEWORK Section 152 of the Land Act N0.6 of 2012; Provision of Notices For eviction. Eviction From Public Land, Section 152 C, outlines that the National Land Commission is responsible for notifying affected individuals at least three months in advance through written notices published in the Kenya Gazette, a newspaper of nation wide circulation and radio announcements in a local language. Eviction from unregistered community Land is provided in section 152d. It states that provision of notice is the responsibility of the County Executive Committee Member for land matters. It also provides for a mandatory written Notice, similar to public land. The section also demands that the process is detailed in the Kenya Gazette, a newspaper of nationwide circulation and radio announcements. Eviction From Private Land;- sec 152E This section requires that the Landowner serve a written notice at least three months before eviction in a...

 WAYS IN WHICH YOUR RIGHT TO LAND CAN BE LOST. The Right to own and enjoy property as envisaged under section 40 of the Constitution is not Absolute. The constitution of Kenya provides that all Land belongs to the people of Kenya. Still, there are restrictions to this right that are of higher status to the individual. 1. Compulsory Acquisition .- Article 40 of the constitution provides that the state is not permitted to       deprive any person of land or interest in land unless that deprivation is for a public purpose or for       public interest. Public purposes are such as infrastructural development and construction of public       utilities like roads, bridges, and hospitals.      The government is mandated to fully compensate the Landowner/owners during the exercise of        compulsory acquisition. This extends to bonafide occupants of land acquired, who may not hold    ...

 Assented on 26th June 2023, Came into Force on 1st July 2023, while some amendments were earmarked for implementation on 1st September 2023 and 1st January 2024 respectively. Through this enactment, an alteration was made to the Income Tax, Value Added Tax(VAT), and Exercise duty regime, not to mention the administration of taxes in Kenya to implement the Government of Kenya's budgetary and fiscal measures for the 2023-2024 Financial Year. INCOME TAX. The Finance Act amended the Income Tax Act (Cap 470) as hereunder: Taxing the Digital Economy- Digital Asset Tax.   Effected from 1st September 2023, it applies to income from the transfer or exchange of digital assets,( defined as anything of value that is not tangible such as cryptocurrencies, Non-Fungible Tokens (``NFTs'') token codes, and any digital representation of value that can be exchanged, stored or transferred electronically. Withholding Tax on Digital Content-  Effected on 1st July 2023. Applicable on paym...

WIDOWERS NO LONGER HAVE TO PROVE MAINTAINANCE BY THEIR SPOUSE    THE LAW OF SUCCESSION (AMENDMENT) ACT, 2021 The Law of succession (Amendment) Act, 2021 (The Amendment Act ) - was assented on the 17th November, 2021. PREDOMINANT OBJECT To give legitimate dependants of a deceased person a claim and a right in the deceased intestate estate. Amendments. This Act introduces the term spouse. According to clause 2 of the Amended Act defined spouse as a husband or a wife or wives recognized under the marriage Act. The Amendment Act under clause 3 has amended section 29 of the Principal Act by providing the following definition of dependants. The following persons are recognized as dependants under the Amendment Act.  The spouse and children of the deceased whether or not maintained by the deceased immediately prior to his death; and Such of the deceased's parent step parents, grandparents, grandchildren, step children, children whom the deceased had taken into his family as his ...

  SUCCESSION IN KENYA WHAT IS THE PROCEDURE ? Succession refers to the process of transferring property of a deceased person to those entitled to benefit by inheritance. This is made possible through two ways: a)    If the deceased person had made a valid Will b)    Implementation of the Law, in this case; the Law of Succession Act. Where the deceased has not left behind a Will, the process of succession falls under Intestacy. This can also happen if there is a Will but then it is invalidated by a court of Law, or a testator/testatrix revokes their Will and does not execute another before they die. WHAT THEN, IF THE DECEASED DIES INTESTATE. The beneficiary/beneficiaries are entitled to file a petition in Court to be issued with a Grant of Letters of Administration Intestate. There are Instances where a partial Intestacy may arise where some property of the deceased has been distributed in a Will. In the event an executor successfully proves a valid Will exists, ...

  CHILDREN RIGHTS UNDER THE KENYAN REGIME AND ISSUES ARISING Achieving Best Interest of the Child   Children are adorable, yet vulnerable. They are the future of any generation. By their nature there is need to protect, guide and nurture them to be better and more equipped for posterity of humanity, hence the need for an apt legal and social regime to ensure their wellbeing is looked after.   Article 53 of the Constitution enshrines the rights of the Children and places the obligation to ensure that these rights are met on the parents of the child in equal measure whether or not they are married. These rights include providing quality education basic needs and protecting the children from harmful environments, exploitative labour, neglect, abuse and violence. The constitution goes on to emphasize that the child’s best interest is paramount  in all matters concerning a child.  In July 1990 Kenya ratified the Convention on the rights of the child. On t...