NOTICE OF THE APPOINTMENT OF OUR PARTNERS TO THE LAW SOCIETY OF KENYA COMMITTEES. Mitullah Shako and Associates Advocates is proud to announce that Gilbert Mitullah Omware – Managing Partner and Florence Gakungi Shako – Senior Partner, have been appointed to serve in the Criminal Justice Committee and Alternative Dispute Resolution Committee of the Law […]
THE DRAFT COMPANIES (BENEFICIAL OWNERSHIP INFORMATION) (AMENDMENT) REGULATIONS, 2021 INTRODUCTION The Attorney General of Kenya has developed the draft Companies (Beneficial Ownership Information) (Amendment) Regulations, 2021 (hereinafter referred to as the “Proposed Regulations”), in exercise of the powers conferred by Section 1022 of the Companies Act, 2015. These Proposed Regulations intend to amend various provisions […]
THE CYBER SECURITY FRAMEWORK IN KENYA The Kenya Information and Communications (Amendment) Act, (hereinafter referred to as “KICA”) defines cyber security as the collection of tools, policies, security concepts, security safeguards, guidelines, risk management approaches, actions, training, best practices, assurance, and technologies that can be used to protect the cyber environment. To protect our systems, […]
THE SECURITIZATION OF INTELLECTUAL PROPERTY IN KENYA Introduction. The World Intellectual Property Organization (WIPO) defines Intellectual Property (hereinafter referred to as “IP”) as, creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce. IP is protected in law by, for example, patents, copyright and trademarks, […]
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 explores how parents rights have become engulfed by the welfare principle in its purest sense. In doing so, the author discusses how both the private and public law on children have attempted to revive parental autonomy through their impure application of the welfare principle with the use of presumptions and thresholds of intervention […]