Market Intelligence

The Trust Administration Act, 2026 introduces a comprehensive framework for trust creation, registration and administration in Kenya, fundamentally changing how trusts operate in the jurisdiction. This new regime requires trustees, settlors and beneficiaries to adopt more deliberate structuring, maintain detailed records and comply with ongoing statutory obligations including beneficial ownership disclosure.

Kenya's Court of Appeal has clarified when successive short-term employment contracts cross the line into permanent employment, examining cases where workers performed essential duties for up to 20 years under rolling temporary arrangements. The ruling establishes that courts will look beyond contract expiry dates to assess whether the underlying work is genuinely temporary or permanent in substance, creating new compliance obligations for employers using fixed-term contracts.

Can a party claim general damages for breach of contract in East Africa, or must all losses be precisely calculated and proven? This analysis examines how Kenyan and Ugandan courts determine when compensation for unquantifiable harm is appropriate, revealing a gap between legal principle and courtroom practice.

Kenya's real estate sector achieved remarkable growth in 2025, driven by monetary policy easing, infrastructure development, and the operationalisation of affordable housing regulations.

Kenya's Competition Authority processed 128 merger applications in FY 2024/25, with manufacturing, financial services, and distribution dominating filings. Nearly half involved cross-border elements, while employment protections emerged as key conditions in major approvals. The authority also pursued 75 behavioural antitrust investigations, targeting cartel conduct and abuse of dominance across multiple sectors.

Kenya's Trust Administration Act, 2026 introduces a new framework for trusts with requirements for registration, beneficial ownership transparency, trustee duties and compliance obligations. The Act consolidates fragmented legislation into a single regime overseen by a Registrar of Trusts, fundamentally reshaping how trusts are administered and regulated in Kenya.