By Victor Orandi The Kenya Revenue Authority (KRA) is set to start monitoring businesses’ daily sales. This follows the publication of the Value Added Tax (Electronic Tax Invoices) Regulations 2020 (Regulations) on 10th September 2020. The Regulations will require businesses with an annual turnover of at least Ksh. 5 million to install an electronic tax...
Author: Matthew Magare (Matthew Magare)
KRA To Tax Online Business Transactions
By Victor Orandi On 30th June 2020, the President assented to the Finance Act 2020, which among several other amendments, introduced a Digital Service Tax (DST). The DST is payable by a person whose income, from the provision of services, is generated from or accrues in Kenya through a digital market place. The Cabinet Secretary...
Data Commissioner: What Next For Businesses?
By Victor Orandi On 25th November 2019, the Data Protection Act 2019 came into force in Kenya (DPA). The DPA applies in all sectors where personal data is being collected such as in digital marketing, fintech companies, insurance, financial services, and media by either individual or entities. It also imposes penalties for non-compliance of both...
A Retreat From Regulatory Forbearance As CBK Approves The Acquisition Of Jamii Bora Bank By Co-op Bank
By Matthew Magare Through a press release dated 7th August 2020 the Central Bank of Kenya (CBK) announced acquisition of 90% of Jamii Bora Bank Limited (JBB) by the Cooperative Bank of Kenya Limited (Co-op Bank), effective 21st August, 2020. JBB was established in 2010 following the merger of a bank and a microfinance institution....
Terminating The Employment Of A Domestic Worker
By Purity Ngigi – Sundays In a recent court decision in Kisumu, a judge ruled that the termination of a domestic worker otherwise known as a house manager or house help was unfair since the employer did not issue the employee with a valid reason for termination and did not follow the stipulated procedure while...
Are Children Entitled to Family Property After Parents’ Divorce?
By Victor Orandi Thousands of couples make public statements to legalize their union. They cite death as the only reason for separation. Unfortunately, divorce sometimes precedes death and then comes the dreaded process of dividing family property. The Matrimonial Property Act (the “Act”) guides the rights and responsibilities of spouses concerning family property. The Act...
Immigration Law: Dependant Passes In Kenya
By Purity Ngigi – Sundays A Kenyan citizen, a permanent resident or a valid permit holder (“the Applicant”) who intends to live in Kenya over a long period of time may make an application to the Kenyan immigration officer on behalf of their spouse, child or disabled adult living under their care (“the Dependant”) so...
Evolution Of Parenting: Eliminating The Dogma Of Gender-Specific Roles In Parental Responsibility
By Anita Otieno A judge recently ruled that men can be allowed sole custody of children, revoking a long-held view that only women are primary caregivers. The judge stated that it is a misconception to assume that men cannot be primary caregivers but can only be breadwinners. The Children’s Act provides for equal parental responsibility...
An Outline Of The Newly Introduced Digital Tax
By Victor Orandi, Elainer Mogoa The Finance Act 2020, (the Act) was enacted into law upon assent on 30th June 2020. The Act introduced a new digital service tax to be payable by a person whose income arises from the provision of services derived from or accrues in Kenya through a digital marketplace at the...
Directors Liability In Company’s Tax Obligations
By Victor Orandi On 30th July 2020, the Tax Appeal Tribunal established that a director of a company cannot be held liable for the legal responsibilities of the company to settle its tax liabilities. This was founded in the appeal of Stephen Kimathi Mutiso, a director of a company, against the decision of the commissioner...