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Legal Developments - Law Firm Thought Leadership by MMAN Advocates

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Court of Appeal Sounds Warning to Kenyan Banks Over Title Deed Forgery Syndicate

MMAN Advocates | August 22, 2018

The Commercial Bank of Africa Ltd (CBA) has obtained a conservatory order at the Court of Appeal in Nairobi (the Court) restraining the Cooperative Bank of Kenya Ltd (Co-op Bank), Equity Bank Ltd (Equity), the Chief Land Registrar and other named Respondents from disposing or dealing in any way with a property in Riruta (the …

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The Unclaimed Financial Assets Act: Revisited

MMAN Advocates | August 22, 2018

Prior to the enactment of the Unclaimed Financial Assets Act No.40 of 2011, (“the Act”) unclaimed financial assets were left under the control of the various holders or such entities where such assets were held.  With the operation of the Act, all entities are required to report, trace and deposit any unclaimed financial assets with …

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Creating a Bigger Pie or Golden Handcuffs? Employee Share Ownership Plans in Kenya

MMAN Advocates | June 4, 2018

A substantial number of companies have recently installed employee share ownership plans (ESOP). Little is known, however, about how such arrangements work.

Competition Authority Dawn Raids: A Survival Guide

MMAN Advocates | June 4, 2018

1. Legal Context Competition law is the law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies or businesses.

Blockchain Technology and its Role in Real Estate Transactions

MMAN Advocates | June 1, 2018

The growth and popularity of blockchain technology is at an all-time global high and does not appear to be slowing down anytime soon. Courtesy of the versatility of its use and application, blockchain technology may have a newfound utility in the future management and registration of land transactions in Kenya. This is according to ICT …

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The African Continental Free Trade Area: Towards Increasing Intra-African Trade

MMAN Advocates | May 2, 2018

Introduction According to the Organisation for Economic Co-operation and Development (OECD), a free trade area (FTA) is a grouping of countries within which tariffs and non-tariff trade barriers between the members are generally abolished but with no common trade policy toward non-members. The World Trade Organisation (WTO) describes it as thus: ‘trade within the group …

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Land Information Management System (LIMS)

MMAN Advocates | May 2, 2018

The Ministry of Lands is mandated to administer land through efficient administration, equitable access, secure tenure and sustainable management of land resources.

Creating a Bigger Pie or Golden Handcuffs? Employee Share Ownership Plans in Kenya

MMAN Advocates | May 2, 2018

Tips to Consider When Setting Up an Employee Share Ownership Plan A substantial number of companies have recently installed employee share ownership plans (ESOP). Little is known, however, about how such arrangements work.

Revenue Sharing: A General Overview, its Benefits and Shortcomings in Leasing Malls and Retail Shops

MMAN Advocates | April 25, 2018

Revenue sharing is the use of profits to enable separate actors develop efficiencies or innovate in mutually beneficial ways. There are many ways the revenue sharing concept is structured with the objective being sharing of revenue profits and losses between various parties. Revenue sharing is practiced widely in sports, manufacturing industries, advertising industries, private companies …

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Flying Commercial Drones Now Legal in Kenya

MMAN Advocates | April 25, 2018

On 6th October 2017, the government published the Civil Aviation (Remotely Piloted Systems) Regulations, 2017 which provide the legal framework for the use of Remotely Piloted Aircraft Systems, popularly known as drones in Kenya. Entrepreneurs and investors therefore have the opportunity to tap into a market which a PwC report estimates to be valued at …

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