ArticleRevised Limits Of Liability Under The Montreal Convention 1999The Montreal Convention 1999 is a treaty that was made with the aim of unifying the existing rules of international carriage by air. GlobalTransportDentons
ArticleSupreme Court Affirms Inheritance Rights Of Children Born Out Of WedlockIn a recent judgment, the Supreme Court of Kenya affirmed that children born out of wedlock are entitled to inherit from their deceased Muslim father's intestate estate. KenyaFamily and MatrimonialAnjarwalla & Khanna
ArticleCarbon Markets Series | The Climate Change (Amendment) Act, 2023On 1 September 2023, the Climate Change (Amendment) Act, 2023 (the Amendment Act) was signed into law by the President of Kenya. KenyaEnvironmentAnjarwalla & Khanna
ArticleJudicial Supervision In Urban Planning: Analysing The Court Of Appeal's Landmark Decision In The Rhapta Road Zoning CaseThe Court of Appeal in Civil Appeal No. E160 OF 2025 ("Court"), delivered judgment in a significant appeal concerning the governance of urban planning and high-rise development approvals...KenyaEnvironmentENS
ArticleRei-Iman v Succeed Capital And What It Means For Private Credit In KenyaA Kenyan High Court ruling has determined that unlicensed lenders cannot enforce loan agreements, raising fundamental questions about the enforceability of private credit arrangements and the scope of regulatory licensing requirements. With the Central Bank of Kenya yet to finalize its licensing framework, lenders face mounting uncertainty over their legal standing in recovery proceedings.KenyaFinance and BankingCliffe Dekker Hofmeyr
ArticleEmployer Liability For Misuse Of Private Information By An EmployeeThe Court of Appeal in the United Kingdom recently delivered a judgment finding WM Morrison Supermarkets (Morrisons) vicariously liable for the misuse of private information by one of its employees, Mr Andrew Skelton.KenyaEmployment and HRAnjarwalla & Khanna
ArticleCourt Of Appeal Confirms VAT Is Applicable On Sale Of Commercial PropertyOn 21 March 2025, the Court of Appeal (CoA) overturned a decision of the High Court which had been issued on 29 November 2018 and had held that Paragraph 8 of Part II of the First Schedule to the Value Added Tax Act (the VAT Act) exempts the sale of commercial premises from value added tax (VAT).KenyaTaxAnjarwalla & Khanna
ArticleCourt Of Appeal Greenlights Operationalisation Of SHIFThe Court of Appeal recently issued its ruling on an application by the Cabinet Secretary for Health (the CS) seeking a stay of the High Court's decision of 19 July 2024KenyaLitigation, Mediation & ArbitrationAnjarwalla & Khanna
ArticleStart Of AfCTA Trading A Shot In The Arm For Intra-African TradeTrading within the African Continental Free Trade Area (AfCFTA) began on 1 January 2020, marking a significant milestone for intra-African trade.KenyaInternational LawAnjarwalla & Khanna
ArticleNavigating The Complexities Of Family Business: Overcoming Challenges TogetherFamily businesses are the backbone of many economies worldwide.KenyaCorporate/Commercial LawAnjarwalla & Khanna
ArticleA Place For Alternative Dispute Resolution In A Transforming JudiciaryThe Judiciary in Kenya is metamorphosising. The rapid response to the implementation of the Constitution has brought about structural and policy changes in the administration of justice.KenyaLitigation, Mediation & ArbitrationKaplan & Stratton
ArticleEACJ Issues Landmark Decision In Kenyan Election DisputeThe East African Court of Justice (EACJ) Appellate Division issued a landmark decision affirming an earlier ruling by the First Instance Division to find that Kenya, through the Supreme Court of Kenya,...KenyaLitigation, Mediation & ArbitrationAnjarwalla & Khanna
ArticleSupreme Court: Compensation Claims For Workplace Injury And Illness To Be Adjudicated By The Director Of Occupational Safety And Health ServicesThe Work Injury Benefits Act, 2007 (the Act) provides for compensation to employees for workplace injuries and illnesses. KenyaLitigation, Mediation & ArbitrationAnjarwalla & Khanna
ArticleAddressing Corruption Allegations In Arbitration Disputes: KenyaArbitration is a preferred dispute resolution mechanism in Kenya, valued for its efficiency, confidentiality, and flexibility. KenyaCriminal LawAnjarwalla & Khanna
ArticleThe EACJ As A Seat Of Arbitration For Commercial DisputesThe East Africa Community (EAC) is a rapidly growing regional bloc. EAC has evolved since its inception in 1999 from a three-member regional bloc to its current seven members after the recent...KenyaLitigation, Mediation & ArbitrationAnjarwalla & Khanna
ArticleA Tale Of Two Cities: Foreign Lending In Nairobi And KampalaEast Africa's infrastructure and development sectors face a critical capital shortage that foreign lenders could address—but only if the legal framework supports cross-border lending. Recent court decisions in Kenya and Uganda have grappled with a fundamental question: can local borrowers defeat foreign lenders' claims by pointing to registration failures? This analysis examines how both jurisdictions navigated this issue, the contrasting speeds of their legal corrections, and what these developments KenyaFinance and BankingENS