LEGAL UPDATE ON THE ADVOCATES (AMENDMENT) BILL, 2021. Background: Previous amendments to Sections 12 and 13 of the Advocates Act, Cap. 16 (hereinafter referred to as “the Act”) which allowed citizens of Rwanda and Burundi to be eligible for admission as advocates in Kenya were struck out by the Court of Appeal through a judgment […]
LEGAL UPDATE: NAIROBI LEGAL AWARDS (NLA) 2021 NOMINATIONS Mitullah Shako and Associates Advocates is proud to announce that Mr. Gilbert Mitullah Omware, our Managing Partner, has been nominated as the ‘Lawyer of the year’ in the 4th Edition of the Nairobi Legal Awards, 2021 dubbed “The Phoenix Edition”. This nomination comes as a well-deserved recognition […]
LEGAL UPDATE ON THE RETAIL CODE OF PRACTICE By Tyson Mwendwa On 11th June, 2021 the Competition Authority of Kenya gazetted the Retail Code of Practice (hereinafter “the Code”) for use by all persons undertaking activities under the Competition Act, 2010. The Code sets out a framework for the fair and ethical dealing within the […]
LEGAL UPDATE ON THE SECTIONAL PROPERTIES ACT, 2020 INTRODUCTION The Sectional Properties Act No. 21 of 2020 (hereinafter referred to as “the New Act”) was enacted into law on 11th December, 2020 in alignment with the provisions of the Constitution of Kenya 2010, the Land Act No. 6 of 2012, the Land Registration Act No. […]
By Kenya Law Review Is judicial review a legitimate, desirable, and effective way to check and balance the exercise of executive power in matters of national security?
This paper addresses the issue of dealing with conflicts in project management. It looks at the range of conflict management mechanisms available to parties in the course of project management in Kenya. Their various merits and demerits are examined. The challenges facing the legal and institutional infrastructure for management of conflicts in Kenya are discussed. […]
As cross border commerce, trade and investment increases in the African continent, so does the potential of international arbitration. Although this is welcome economically, the convergence of culture creates unprecedented complexities when disputes arise. Although sometimes overlooked, culture plays a critical role in international arbitration as cases often involve parties from different countries. The author […]
By Margaret Ndonji Background In the year 2017, the Supreme Court of Kenya in the case, Raila Amolo Odinga & another -vs- Independent Electoral and Boundaries Commission & 2 others [2017] eKLR, ordered the Independent, Electoral and Boundaries Commission (IEBC) to avail the digital votes data contained in the election servers, hosted in France by […]
This study focuses on the question of whether mediation training can equip lawyers with the necessary guidance and skills for effective dispute resolution.
Data protection is the process of safekeeping against any form of compromise, corruption or loss of personal information. In November 2019, President Uhuru Kenyatta assented to comprehensive data protection legislation – the Data Protection Act. The Act applies to data controllers and processors established or reside in or outside Kenya, as long as they process […]