News & Updates
Dear Valued Clients, As we celebrate Mashujaa Day, we honour the heroes who have shaped Kenya’s legacy and future. Their bravery and dedication continue to inspire us to pursue excellence in all that we do. At B M Musau and Company, Advocates LLP, we remain committed to providing top-tier legal services, driven by the same…
Legislative Process and Legal Provisions Introduction and First Reading: The Finance Bill is first introduced in the National Assembly, marking the beginning of its legislative journey. During the First Reading, the bill’s title is read, and copies are distributed to Members of Parliament (MPs). There is no debate at this stage. Second Reading: The bill…
Medical malpractice occurs when a healthcare professional, such as a doctor or hospital, deviates from the accepted standard of care, resulting in harm, injury, or death to a patient. These deviations can manifest as misdiagnosis, incorrect medication dosages, improper treatment, or inadequate post-operative care. Medical malpractice claims enable patients to seek compensation for damages caused…
Kenya’s Finance Bill 2024 marks a pivotal moment in the country’s tax policy, introducing significant changes aimed at modernizing the tax system and addressing the challenges posed by the digital economy. Two key proposals stand out: the replacement of the Digital Service Tax (DST) with the Significant Economic Presence (SEP) Tax, and the introduction of…
The 2024/25 Budget and Finance Bill, 2024 bring forth a slew of pivotal changes aimed at rejuvenating Kenya’s economic landscape. Understanding these changes is crucial for businesses to navigate the fiscal environment effectively and seize emerging opportunities. Here’s a comprehensive breakdown to help you stay ahead of the curve. Overview of Kenya’s 2024/25 Budget…
The Kenya Finance Bill, 2024 introduces several pivotal changes to the taxation landscape, aimed at enhancing revenue collection and addressing various economic challenges. Below is a comprehensive analysis of the key tax measures proposed in the bill, their respective effective dates, and their implications. Income Tax Changes Significant Economic Presence Tax (SEPT): Effective Date: January…
On 13th June 2924, the Cabinet Secretary for Finance tabled the Kenya Budget for the financial year 2024/2025 in the National Assembly. This budget focuses on economic recovery, sustainable development, and social welfare enhancements. Below are the key highlights and main taxation changes as contained in the Finance Bill, 2024. Economic Overview Growth Projections:…
In a recent turn of events, the Alcoholic Beverages Association of Kenya (ABAK) has raised significant concerns over the proposed deletion of the provision that allows manufacturers to claim a refund on input tax. This article delves into the implications of such a legislative change, examining its potential impact on the alcoholic beverages sector, the…
Through Legal Notice No.77, 2024, the Cabinet Secretary for Lands, Public Works, Housing and Urban Development made the Land Registration (General) (Amendment) Regulations, 2024 (“the Regulations”) whose effect was to majorly amend by increasing the government fees charged for services delivered in the Kenya land registries. In Gazette Notice No.15243, 2023, the Cabinet Secretary stated…
Kenya’s corporate tax landscape is structured to encourage business growth and development while ensuring revenue collection for the government. This article provides a comprehensive overview of the key aspects of corporate tax in Kenya, including tax rates, special rates, VAT, payroll taxes, local government rent and rates, and capital gains tax. Taxes on Corporate…
Surrogacy is an arrangement where a woman (“the surrogate”) carriers and gives birth to a child for another person (“the intended parent”). It is a practice where a woman agrees to conceive and carry a pregnancy for another person with the understanding and intention of handing over the child upon birth. Modern-day surrogacy consists of…
Kenya has recently enacted the Digital Health Act, 2023, representing a significant advancement in the digital transformation of healthcare services in the country. This legislative framework aims to establish a comprehensive digital health infrastructure, enhance data governance, and promote innovation in healthcare delivery. The Act, cited as No. 15 of 2023 was assented to on…
In the healthcare sector, due diligence and risk assessment are crucial components of any transaction, whether it’s a merger and acquisition (M&A), partnership, or investment. These processes are essential for identifying potential risks and ensuring compliance with regulatory standards, thereby protecting both parties involved in the transaction. Effective due diligence and risk assessment similarly ensure…
The Social Health Insurance Act (SHIA), No. 16 of 2023, recently approved for implementation by the Court of Appeal, sets the framework for managing social health insurance in Kenya. The Act aims to establish the Social Health Authority and give effect to Article 43(1)(a) of the Constitution of Kenya, 2010. Registration The Social Health…
The European Court of Human Rights (ECHR) has recently delivered significant Grand Chamber rulings in three climate change cases, which have profound implications for environmental jurisprudence and the protection of human rights in the context of global warming. As a Kenyan law firm, we find these developments particularly instructive, given the increasing importance of climate…
It is with deep sadness that the Partners and Staff of B M Musau & Co., Advocates LLP (https://www.bmmusau.com) announce the death of our long-serving Legal Executive, Mr Maheshcandra Raval, on Wednesday, 30th June 2021 following a short illness and hospitalization at the Guru Nanak Hospital. At the time of his death, Mr Raval was…
B M Musau & Co., Advocates LLP is assisting clients to deal with the legal issues arising from the Coronavirus (COVID-19) pandemic. In addition, we have researched and published articles on most challenges that have arisen and that are foreseen going forward. The B M Musau & Co., Advocates LLP COVID-19 Response Team comprises of…
Background A myriad of issues confronts employers during this pandemic. One of the critical challenges for employers has been how to treat employees when they have no incoming revenue stream to maintain the wage bill. The Covid-19 pandemic exposes the gaps that exist in Kenya employment laws when dealing with an unprecedented situation. Below we…
THE OPERATIONS OF THE LAND REGISTRIES IN KENYA DURING THE COVID-19 PANDEMIC Introduction The coronavirus is a virus that affects humans and animals. Some of the severe coronaviruses that have been reported by various agencies before are severe acute respiratory syndrome (SARS) and the Middle East respiratory syndrome (MERS). The first novel coronavirus case (COVID-19)…
The Government of Kenya has announced new fiscal and tax measures to cushion Kenyans and businesses following the COVID-19 pandemic as contained in President Uhuru Kenyatta’s address to the Nation on March 25, 2020. Tax Measures The National Treasury to implement the following immediate reliefs: 100% tax relief for persons earning a gross monthly income…