Let us start by defining the word dispel and the word notion. According to the Collins English Dictionary Reference Edition, dispel means to disperse or drive away and notion means an idea, opinion or whim. There is a notion that bidders involved in public procurement and asset disposal proceedings can only file review proceedings before …
Dispelling a Notion in Public Procurement and Asset Disposal Proceedings Read More »
Jurisdiction is everything. Without it, a court has no power to make one more step. This was the Court’s holding in Owners of the Motor Vessel “Lilian S” v Caltex Oil (Kenya) Ltd [1989] KLR 1. The Court in the case defined jurisdiction by stating: “By jurisdiction is meant the authority which a court has …
The High Court has held that: “It is true that ADK Technologies Limited and Transnational Technologies Limited came together at some point for purposes of bidding for a tender floated by the 2nd interested party; but they came together as a consortium for that particular purpose and not as merger in which they would be deemed …
Your Consortium Partner Could Cost You That Tender Read More »
This is a follow up of the Highlights of the Sectional Properties Act, 2020 following the gazettement of the Sectional Properties Regulations, 2021 by the Cabinet Secretary for Lands and Physical Planning through Legal Notice No. 236 of 2021, dated 26th November 2021. 1. What is the objective of the Sectional Properties Regulations, 2021 (“the …
Sectional Properties Regulations, 2021: Salient Features Read More »
I developed this Article following an interactive session with a close friend. This explains why the Article is the form of Q & A. My friend owns an apartment and after hearing a lot of chatter about the Sectional Properties Act, 2020 (which many people are terming as the “New Sectional Properties Act”), she asked …
Brief Personal Experience When I was very new to legal practice, I encountered an interesting borrower. At the time I was working in a law firm which was in the panel of advocates of one of the big banks in Kenya. So, the borrower secured a loan facility from the bank and obtained a letter …
Bank Securities – Third-Party Charge and Basic Due Diligence Requirements Read More »
Majority of the people in Kenya acquire land with the intention of occupying or developing it in future. This intention, can sometimes lead to a number of issues including an occupier/what the registered proprietor would term as a trespasser, raising a defence of adverse possession or a suit/cross suit for an order for a title …
You May Be In Possession of the Title Deed, But Have You Taken Possession of the Land? Read More »
The criteria are listed under Section 55 of the Public Procurement and Asset Disposal Act (hereinafter the “Act”) and include: The person has the legal capacity to enter into a contract for procurement or asset disposal. Capacity to contract means the legal competence of a person to enter into a valid contract. Ordinarily, capacity to …
Prior to preparing a bid, bidders receive a Tender Document from a Procuring Entity. For the purposes of this Article, a bid means an offer from a supplier, contractor, or service provider in response to an invitation by a public entity. A Procuring Entity means any public entity making a procurement or asset disposal using …
(Part 1) Information to Bidders – Preparation of Bids Read More »
