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...
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...
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...
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...
By Anita Otieno a) Background The Covid-19 pandemic has had its effects on the justice system as other fields in the country. With partial closure of courts in Kenya, it is imperative that other forms of dispute resolution, other than litigation, be considered. Alternative dispute resolution mechanisms have been employed already, to address...
By Moses Ohanga As businesses worldwide navigate the challenges brought on by the rapid spread of COVID-19 (coronavirus), it is now more essential than ever that corporations be ready with solutions to address risk issues as they arise. Beyond the obvious health repercussions, the global pandemic has presented major disruptions for global businesses. Some have had...
By Anita Otieno The Finance Bill, 2020 was signed into Law in June to amend a number of laws in Kenya, including the Income Tax Act, the Value Added Tax Act, the Excise Duty Act, the Tax Procedures Act and the Miscellaneous Fees and Levies Act among others. The Bill was recently signed into Law....
By Victor Orandi On 1 July 2020, the judiciary launched an Electronic Filing System referred to as e filing which will enable all Nairobi courts to digitalize all filed suits and applications. Under the new electronic system, all advocates, the Office of the Director of Public Prosecutions, the Police and the members of the Public...
By Victor Orandi The Ministry for Housing and Urban Development published The National Construction Authority (Defects Liability) Regulations, 2020, in the Kenya Gazette on 20th April 2020. The Regulations apply to commercial buildings only. Commercial buildings are defined as premises occupied wholly or partially for the purposes of trade, business or rendering services for profits....
By Purity Ngigi – Sundays The immigration department suspended operations briefly in March 2020 on account of the COVID – 19 pandemic. However, in May 2020 the immigration department resumed operations with certain restrictive measures in place. One of the restrictions is the requirement for online applications for the renewal of tourist visas without the...
