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EMPLOYED OR NOT? COMPARING EMPLOYEES AND INDEPENDENT CONTRACTORS

It has been said that the traditional model of employment is moribund. With factors such as the entry of millennials into the employment market and technological advancements, employers have increasingly found themselves having to re-invent their employment models. The most prevalent change has been the shift from hiring fully-fledged employees to engaging independent contractors/consultants. It […]

IN THE OPEN: DISCLOSURE REQUIREMENTS UNDER THE NEW COMPANY REGULATIONS

Pursuant to the Companies Act, 2015 (the Act), directors of a company are required to prepare a directors’ remuneration report for each financial year of the company. The Act requires regulations to be in place, which regulations shall prescribe the information to be included in a directors’ remuneration report, how the information is to be […]

LOCATION, LOCATION, LOCATION: THE MAKING OF NAIROBI AS A FINANCIAL HUB

For quite some time, intense efforts have been made to further diversify the Kenyan economy and attract more foreign investors into the country. This is in line with Kenya’s long-term development plan dubbed “Vision 2030”, which hopes to secure the country’s middle-income status, based on a vibrant and globally competitive financial sector. The Kenya Government […]

PERMISSION TO ENTER AND WORK:WHAT FOREIGNERS NEED TO KNOW ABOUT WORKING IN KENYA

Kenya has one of the largest and fastest growing economies in East and Central Africa, specifically in the areas of agriculture, manufacturing and mining. As a thriving regional business market, the country has seen many multinationals and non-governmental organisations set up base here. This has caused a large number of foreign nationals to migrate into […]

STRENGTH IN NUMBERS: THE WAY FORWARD IN COLLECTIVE BARGAINING AGREEMENTS

The upsurge in the number of strikes called in recent times by various cadres of workers, including teachers, doctors, nurses and lecturers, has witnessed a common thread – an outcry for the implementation of Collective Bargaining Agreements (CBAs) between the workers and their respective employers. This has caused a natural spike in the Kenyan public’s […]


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Doing justice: The new statutes changing Kenya’s dispute resolution system

Critics of Kenya’s judiciary and the justice system have for long complained about the backlog of cases and the slow turning wheels of justice. It is however worth noting that there have been significant steps towards clearing the backlog of cases in the recent years. 2016 was no exception and a few inroads were made […]

Tax reprieve: Kenya’s new Tax Amnesty Guidelines released

Since June 2016, when Kenya’s Cabinet Secretary for Finance announced that the Government would extend a tax amnesty on foreign income in the annual budget speech, there has been anticipation around the proposed amnesty. Anticipation for the Government to release the related Guidelines, which the Kenya Revenue Authority (KRA) recently did earlier this month. The […]

The new ratification requirements for natural resources transactions (The Natural Resources (Classes of Transactions Subject to Ratification) Act, 2016)

Article 71 of the Kenyan Constitution provides that a transaction is subject to ratification by Parliament if it: a) involves the grant of a right or concession by or on behalf of any person, including the national government, to another person for the exploitation of any natural resource in Kenya; b) is entered into after […]

Money and markets: financial changes brought about by the Finance Act, 2016

Co-authored by Clifford Odhiambo Capital Markets Authority The Finance Act, 2016 (the Finance Act) has amended the Capital Markets Act ((Cap. 485A) the Capital Markets Act), in a bid to facilitate the issuance of regulations to govern online foreign exchange trading and to bolster the legal framework for the country’s first commodities exchange.  The Capital […]