An Overview of the Finance Act, 2022

An Overview of the Finance Act, 2022 This Alert contains a summary of the major tax law changes brought about by the Finance Act, 2022. The amendments come into force with effect from 1st July, 2022 (now past) save for the following amendments which will take effect from 1st January, 2023: Capital gains tax; Financial […]

Deposit before tax appeals to the High Court: Analysis of the proposed amendment contained in the Finance Bill, 2022 Background On 7th April 2022, the Cabinet Secretary to the National Treasury (“the Cabinet Secretary”) read out the proposed 2022/23 National Budget to the National Assembly. One of the legislative amendments proposed therein was a requirement […]

Operationalisation of the Registration of Digital Credit Providers Further to our previous alert, the Central Bank of Kenya (CBK) on 17th May 2022 issued a notice that all unregulated Digital Credit Providers (DCPs) are required to apply to CBK for licensing by 17th September 2022, or they will cease operation. Consequently, it is reiterated that […]

Background to the Legislation The Central Bank of Kenya (Amendment) Act, 2021 (hereinafter, “the Act”) is the latest development in the quickly evolving digital lending space in Kenya. Over the past decade or so, Kenya has achieved significant financial inclusion thanks to increased penetration into the market brought about by advances such as mobile banking, […]

In a landmark Judgment delivered on 14th October 2021, the High Court of Kenya (Ngaah J) has found that the Data Protection Act, 2019 is of retrospective effect and proceeded to issue an order of certiorari to quash the Government’s decision to roll out Huduma Cards and an order mandamus to compel the Government to conduct a data protection impact assessment (“DPIA”) as mandated by section 31 of the Data Protection Act, 2019 (the “DPA”) before further processing and rolling out of Huduma Cards.

Further to our legal alerts issued on 13th January 2021 and 6th April 2021, we wish to inform you that on 16th July 2021, the Ministry of Lands and Physical Planning (the Ministry) issued Gazette Notice 7146 of 2021(the Gazette Notice), which revoked Gazette Notice Numbers

In a Judgement delivered on 17th June, 2021 in Income Tax Appeal No. E005 of 2020: Commissioner of Investigations and Enforcement v Grain Bulk Handlers, the High Court dismissed an appeal by the Commissioner of Investigations and Enforcement (“the Appellant”) against the Judgment of the Tax

In a Judgement delivered on 25th June, 2021 in Tax Appeal No. 282 of 2020: Kenya Breweries Limited v Commissioner of Customs & Border Control (2020) eKLR the Tax Appeals Tribunal (the “Tribunal”) allowed an appeal by Kenya Breweries Limited (“KBL”) setting aside the Commissioner

The Finance Act, 2021 (the Act) was assented to by the President and passed into law on 29th June 2021.
We are pleased to share with you, our views and comments on the salient changes that the Act has introduced

The National Environmental Management Authority (“NEMA” or the “Authority”) in exercise of its powers and pursuant to the recommendations of the Standards and Enforcement Review Committee under section 86 of the Environmental Management and Co-ordination Act, 1999, (“EMCA”), has formulated