What is a trust? A trust is the legal relationship created by a person (the settlor) by placing property under the control of a trustee for the benefit of a beneficiary or for a specific purpose. How does one create a trust? Trusts are created through a written document which sets out the duties and …
Corporate and Commercial Law FALQs Part IV – Trusts & Joint Ventures Read More »
What is a merger? Section 2 of the Competition Act, 2010 defines merger as any acquisition of shares, business or other assets whether inside or outside of Kenya resulting in the change of control of a business, part of a business or an asset of a business in Kenya in any manner and includes a …
Corporate and Commercial Law FALQs Part III – Mergers & Acquisitions, CMA & CAK Read More »
What is the procedure for removing a director from office? Section 139 of the Companies Act No 17 of 2015 (“the Act”) provides for removal of directors from office as follows: A company may, by ordinary resolution at a meeting, remove a director before the end of the director’s period of office, despite anything to the …
What are the business vehicles available for registration in Kenya? Companies (private limited company, public limited company, foreign company, or company limited by guarantee as set up under the Companies Act, 2015) Business Names (can be a Sole Proprietorship or Partnership) The Partnership Act defines a partnership as meaning the relationship which exists between persons …
In the Introductory Segment of the Gerivia Advocates LLP Road Safety Series, we provided some background information and statistics on road safety in Kenya and proposed focus on heavy commercial vehicles as a starting point for this series. We also indicated that we will take a targeted approach, focusing initially on features to improve conspicuity …
The festive season is the only time of the year that most of us get to spend some quality time with our loved ones, feast, and exchange gifts. It is also the season that we tend to spend the most money. It’s easy to get caught up in the holiday spirit and overspend. But, don’t …
Yaay!!! The Festive Season is here, but so is January! Read More »
As mentioned before in our preceding segment and in a bid to highlight the problem even further, there is very little research on the causes of truck related RTAs in Kenya. This is partly due lack of research into these types of incidents and inadequate media focus on the causes of the accidents. Despite the …
What due diligence should the buyer undertake before entering into a contract to buy land? Get a copy of the title and carry out an official search to confirm the registered proprietor and whether the title is clean; If an individual is selling, obtain copy of the seller’s National ID or Passport/Foreign ID/Certificate (if Seller …
1. What is the legislative framework governing Conveyancing and Real Estate in Kenya? The Constitution of Kenya, 2010 – Chapter 5 of the Constitution which is titled “Land and Environment” provides a legal framework for transactions in land in the country; National Land Commission Act, 2012 (NLCA) which provides for the functions and powers of …
Frequently Asked Legal Questions (FALQs) [Part 1] – Conveyancing & Real Estate Read More »
