A trust may be defined as a legal relationship that is established between a Settlor (the creator of the trust), the Trustee(s) (the protector/executor of the trust) and the Beneficiary of the trust. The parties to a trust may be individuals or legal entities. Under the trust, the settlor transfers legal ownership of assets to…
The Breastfeeding Mothers Bill 2024, recently introduced in Kenya, marks a significant step towards promoting and protecting the rights of breastfeeding mothers in the workplace. This legislation aims to create a supportive environment that encourages breastfeeding both in the workplace and in public spaces, thereby contributing to the health and well-being of both mothers and…
Advance directives (ADs) are essential legal documents that allow individuals to specify their medical care preferences if they become unable to communicate their wishes. These directives typically include living wills and durable powers of attorney for healthcare, ensuring that a patient’s healthcare preferences are respected and guiding healthcare providers and family members in making decisions…
Legal Framework for Health Care Services Provision in Kenya The rights of patients in Kenya are protected by various laws and regulations, including the Constitution of Kenya, 2010, the Kenya Health Act 2017, and the Kenya National Patient’s Rights Charter, 2013. Understanding your rights as a patient will help in accessing better health care or…
The Supreme Court of Kenya (“the Court”) was established by Article 163 of the Constitution of Kenya and the Supreme Court Act, Cap 9, Law of Kenya. The Court has exclusive original jurisdiction to: Hear and determine disputes arising from presidential elections; To issue an advisory opinion at the request of the national government, a…
In the rapidly evolving digital landscape, copyright laws play a pivotal role in protecting the intellectual property rights of creators and innovators. This article aims to shed light on the fundamental principles of copyright law and how they are applied in digital environment in Kenya. Core Principles of Copyright Law At its core, copyright…
In recent years, the global financial system has increasingly emphasized on sustainability, underscoring the need for robust frameworks to guide green finance initiatives. Kenya, a frontrunner in sustainable development in Africa, has developed the Kenya Green Finance Taxonomy (“the KGFT”) through the (“the CBK”). The KGFT is a draft tool designed to classify economic activities…
International taxation is the set of rules and principles governing how a country taxes income, profits, and transactions that cross its borders. It deals with the allocation of taxing rights among countries and aims to prevent double taxation while also combatting tax evasion and avoidance. It includes tax treaties, transfer pricing regulations, and anti-avoidance measures….
The concept of compulsory acquisition of private land by the State, otherwise known as the doctrine of eminent domain, is the power of the State to acquire private land for public use. The legal framework under which the State exercises the power of eminent domain is provided for under Article 40 (3) of the Constitution…
Introduction The Finance Act 2023 was assented to by the President of Kenya on 26th June 2023. The Finance Act 2023 issued Conservatory Orders which suspended the implementation of the Act on 29th June 2023 following an application in the Constitutional Petition filed in Petition No. E181 of 2023, Okiya Omtatah Okoiti & 4 Others…