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 »
In June 2022, the Public Procurement Regulatory Authority (PPRA) issued Guidelines for Registration and Licensing of Procuring or Asset Disposal Agents (hereinafter, “the Guidelines”) for observance by the PPRA, procuring entities and procuring and asset disposal agents (hereinafter, “agents”). The Guidelines are available on the PPRA website here: https://ppra.go.ke/guielines-procuring-disposal/. The Guidelines operationalise the provisions of …
What is Bankruptcy? It is the compulsory administration of a person’s estate by the Court for the benefit of his creditors. It occurs when persons fail to pay their debts as and when they fall due – where the persons’ liabilities exceed their assets. It is a legal way of managing debts. It is governed …
Corporate and Commercial Law FALQs Part VI – Bankruptcy & Corporate Insolvency Read More »
What is a Movable Property Security Right (MPSR)? It is a right that is created to allow the use of all types of tangible and intangible assets as security for a loan facility, as opposed to the traditional way of securing a loan through charges and mortgages. Which law governs the Movable Property Security Rights? …
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 »
The Prompt Payment Bill, 2021 (Senate Bills No. 16 of 2021) is a Bill that is sponsored by Senator Farhiya Haji, MP and Senator Johnson Sakaja, MP. The Bill is Gazette Notice No. 36 of 2021. At the time of writing this review in early April 2022, the Bill had passed through the 3rd Reading …
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 …
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 …
