News & Insights

Meetings in the Metaverse? The Endless Possibilities in the Companies (Amendment) Act, 2020

The term Metaverse is used to describe a virtual space within digital environments such as online games, social media, and virtual reality. It is a network of always-on virtual environments in which people can interact with one another and digital objects while operating virtual representations

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KEMSA: Our Commitment to Prompt Service Delivery

By Edward Njoroge The past few weeks have been a pretty busy season for the Kenya Medical Supplies Authority (KEMSA), with staff running against time to process customer orders and deliveries. Due to the budget cycles, county governments have recently placed orders, settled outstanding debts

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In focus: COVID-19 Vaccines

25 Million Doses of AstraZeneca Vaccine The Ministry of Health is expected to start rolling out the administration of 25 million doses of Astrazeneca Vaccine soon. Kenya began its mass vaccination on March 5 after receiving 1.2 Million doses of the Astrazeneca Vaccine. By Thursday

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Universal Service Fund: A conversation between CA & the Senate

This week, members of the Senate ICT Committee has a conversation with the Communications Authority on the utilization of the Universal Service Fund(USF). The USF is a fund that is funded by telecommunications service providers as part of the terms and conditions of licence. The

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Data Protection Day 2021: Kenya’s steps into compliance

Yesterday, the 28 of January 2021; was the 15th Data Protection Day and the 40th anniversary of Convention 108. Data Protection Day or Privacy day is a day to raise awareness and promote privacy and data protection best practices. It is usually held on the

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The Davos Agenda

The Davos Agenda 2021, saw about 1500 global leaders come together under the theme of “A crucial year to rebuild trust” to discuss issues such as COVID-19 vaccination, job creation, climate change and technology among others. The annual event that is normally held at Swiss

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2021 ushering in tax changes

Kenya has greatly been affected by the outbreak of Covid-19 that was subsequently declared a global Pandemic. Businesses had to minimize their activities due to the Pandemic. This led to job cuts, unpaid leave and redundancies as profitable entities moved into losses. Millions of Kenyans

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BBI: Mwananchi speaks

TIFA Research has conducted a survey on Sentiments in the nation regarding BBI. The TIFA survey was designed and the data collected several weeks before the writing/release of the “letter” authored by Murang’a Senator Irungu Kang’ata on various aspects of the BBI Report and referendum

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BACK TO SCHOOL

Learners in Kenya are back to school for in person learning  after nearly 10 months of virtual learning in the wake of the COVID-19. The government  ordered a phased reopening of schools in 2020 where about 3 million students, who were exam candidates reported to

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Business Laws(Amendment) (No. 2), Bill, 2020

The Business Laws (Amendment) Bill (No.2), 2020 seeks to make various amendments to various statutes highlighted as follows:  Clause 2 of the Bill seeks to amend the Law of Contract Act, Cap 23 to eliminate the requirement of a company seal in execution of documents

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Government priorities for Energy, Infrastructure and ICT

In Kenya’s national finance cycle, the Energy, Infrastructure and ICT Sector (EII) comprises nine sub-sectors namely:  Energy and Petroleum;  Infrastructure;  Transport;  Shipping and Maritime;  Housing and Urban Development;  Public Works;  Information Communication and Technology;  Broadcasting and Telecommunications.  The Sector aims at providing efficient, affordable and

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Colour me orange: 16 days of activism against gender-based violence

Accompanying the COVID-19 crises was the spike in reported instances of domestic violence mostly targeted at women and girls. This was one of the observations made by UN Secretary- General, António Guterres in a report dubbed Shared Responsibility, Global Solidarity: Responding to the socio-economic impacts

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Government set to roll back COVID tax relief measures in January 2021

Per statistics by the World Bank, Kenya is set for a relatively short setback from COVID-19 with a s 4 percentage-point dip in growth this year, and 5.2 percent growth returning in 2021. This is still a permanent loss of 5 percent of GDP over

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The next frontier: Sports and Entertainment Series

Youth unemployment continues to rise globally and is a significant policy pain point for many Governments. However, in Africa the youth unemployment rate is the lowest in the world compared to other regions, mainly reflecting the fact that unemployment is not a good measure of

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What is in the latest BBI Bill?

On the 25th of November, 2020, a newer version of the Constitution of Kenya (Amendment) Bill, 2020 was published by the Government Printers.  The object of this Bill according to its promoters, is to amend the Constitution of Kenya 2010 to address issues arising from

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Race to the Sun: Kenya’s aspirations for Solar Energy

Kenya Power has recorded losses in the last financial year and according to KPLC, the losses were due to top clients turning to solar as a source of energy. Clients such as factories, universities and companies who according to Business Daily on Friday 20th of

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Getting back to business: Guidelines for Sports sector

The Ministry of Sports, Culture and Heritage in consultations with the Ministry of Health has revised the Resumption of Sports Guidelines as follows: a. All Contact Sports (Low-Risk) may resume their Premier (Tier 1) League and Team Kenya activities. All the other activities related to

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Getting back to Business: Guidelines for business operations during COVID for alcoholic beverage sector

The Ministry of Industrialization, Trade and Enterprise Development (MoITED) Situation Room has produced these guidelines to offer direction to players in the sector trading with alcoholic beverages on how to minimize the risk of infection with Corona Virus leading to COVID- 19 disease. These guidelines

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Demystifying Digital Service Tax

On 27th November, 2020, the Kenya Revenue Authority (KRA) hosted an online sensitization forum on Digital Service Tax (DST). In his presentation, Mr. Nickson Omondi provided highlights of the policy and legislative changes that have been effected in order to operationalise DST which comes into

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CS National Treasury remarks at MTEF hearings

In his key note at the opening of the opening of the public Hearings on the FY 2021/22 and the medium-term Budget proposals at the Kenyatta International Convention Center on 25th November 2020, CS Ukur Yatani addressed the public on various elements of financial planning

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Proposed administrative reforms under the BBI

The BBI Taskforce Report posits that a majority of Kenyans want things done differently. It highlights many factors that impede the implementation of administrative action such as: Negative attitude/ lethargy/ poor behaviour within the public service; Systems that are created to fail; Inadequate funding Lack

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Highlights of policy reforms proposed in the BBI report

The Steering Committee made Policy Reforms proposals to effectively implement the recommendations in the BBI report. The Committee was not able to develop the multiple policies, so they developed a set of doctrines as well as policy intervention guides for each identified priority policy area.

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A LOOK AT THE PROPOSED BBI LEGISLATIVE REFORMS

The Building Bridges Steering Committee made recommendations on the implementation of the Report and they drafted several amendment bills. Herein below we provide a brief summary of the laws proposed for amendments and analysis of the same:  1.The Public Finance Laws (Amendment) Bill, 2020 The Public Finance Laws (Amendment) Bill, 2020

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Summary of the consolidated government investment report 2019/2020

Introduction The Consolidated Government Investment Report 2019/2020 (“the Report”) is put together in accordance with Section 89 of the Public Financial Management Act, 2012.  The Section requires the Cabinet Secretary for Public investments to submit to Parliament, a detailed status of Government Investments for each

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KRA Commissioner General elected as member of ATAF executive arm

The Commissioner General of the Kenya Revenue Authority was nominated as a Member of the Governing Council of the Africa Tax Administration Forum (ATAF). He was voted during the ATAF General Assembly meeting held 4th November, 2020 by 13 member states, accounting for the highest

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Highlights of Kenya Revenue Authority 6th Annual Tax Summit

The 6th Annual Tax Summit that took place on the 4th and 5th of November, 2020, sought to advance conversations based on the four strategic goals that guide its 7th Strategic Plan by driving public and international participation in discussions geared towards providing solutions for enhancing

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Kiggundu v Diamond Trust bank (U) Limited & Another (Misc App No. 654 of 2020) [2020] UGCOMMC 32

The head of the Commercial Court Justice Henry Peter Adonyo on Wednesday, 7thOctober 2020 ruled that the credit facilities DTB-Kenya offered to Kiggundu are illegal since it is not licenced by Bank of Uganda “The act of DTB-Kenya in conducting financial business is licenced in Kenya and it therefore illegally offered the facilities in Uganda. Consequently, this application is allowed with costs,” Adonyo ruled

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MIC DROP!

HatahatujaskiaVibaya!

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Big wins for SMEs

Banking on technological advances in standards
application, KEBS has also committed to supporting
MSMEs to adopt ICT and adapt to the digital
revolution by exploiting tech opportunities such as
cloud computing and data analytics, among others.

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End of Cabinet working recess: Goodies in Cabinet Despach

The Cabinet ended a two week working vacay on the 28th August and had its first Cabinet Meeting yesterday the 10th of September. The focus areas of the meeting, according to a despatch released soon after, were an economic stimulus as well as seminal programmes and projects under the Big Four agenda.

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KQ forecast: Cloudy with a chance of administration

Kenya Airways(KQ) has suffered a turbulent ride in the recent past with the COVID-19 pandemic only sinking the airline further into distress. As a result of the global pandemic the International Air Transport Association (IATA) has forecasted a 29-billion dollar loss from passenger revenues and somewhere in this statistical figure must lie the approximation of 400 -500 million dollars that KQ likely to lose according to the CEO Allan Kilavuka.

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Voluntary Tax disclosure programme: Opportunity for clean bill for tax payers

By Stephen Kyande High tax compliance levels are the backbone of enhanced revenue mobilisation and collection in any jurisdiction. As such, tax administrators employ varied strategies in order achieve high compliance levels. One such strategy is provision of tax amnesty windows. Under tax amnesties, taxmen

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Communications Authority of Kenya (CA) asks Foreign Electronic Certification Service Providers to register

The Communications Authority of Kenya (CA) has published a public notice asking all foreign Electronic Certification Providers are required to apply for recognition within 30 days. This follows the enactment and operationalization of the Business Laws (Amendment) Act 2020 early this year. The Act, which

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Ministry of ICT request for comments on the Draft Digital Economy Strategy for Kenya

The Ministry of ICT, Innovation and Youth Affairs has developed and published the Digital Economy Strategy for Kenya and is inviting all stakeholders to submit their inputs and comments.

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The Companies (Amendment) Bill, 2020

Introduction With the COVID-19 pandemic here to stay, corporations are now forced to operate digitally. Early in the year the Capital Markets Authority released a note stating that publicly listed companies are allowed to hold virtual meetings since they cannot host their statutory meetings in

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Launch of the Public Service Superannuation Scheme Fund

The Public Service Superannuation Scheme Act, 2012, was assented to on 9th May 2012. The Act established the contributory Public Service Superannuation Scheme (PSSS) to provide retirement benefits to public servants. The law requires that the Cabinet Secretary appoints and gazettes the commencement date of the scheme. Despite numerous challenges that has occasioned the delay, the Cabinet Secretary gazetted the 1st January, 2021 as the commencement date of the Act.

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Proposed Contract Law reforms

After decades of using the English law of contract, Kenya is at the verge of having its own elaborate Law of Contract Act. The existing Act is arguably the shortest Act with 4 sections. Previous attempts to amend it have not been so successful, most notably the recent proposed amendment in the Law of Contract (Amendment) Bill, 2019 sponsored by Hon. Waititu Francis Munyua. The Bill seeks to amend the Act so that in case of a default by the principal borrower, the creditor would first realise the assets of the principal borrower before proceeding to realise the assets of the guarantor. President Uhuru Kenyatta however, sent back the proposed amendment to Parliament with his reservations and the Bill collapsed.

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KENYA WINS BIG: AFRICA’S REPRESENTATIVE AT THE UN SECURITY COUNCIL

On 18th June 2020 Kenya won the bid to become a non-permanent member of the UN Security Council defeating Djibouti by 67 votes.  As part of the UNSC, Kenya joins 9 other non-permanent members and 5 permanent members including the United States, United Kingdom of

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CS MAGOHA TAKES ACTION: LAUNCH OF COVID-19 NATIONAL EDUCATION RESPONSE COMMITTEE

Last week, the Ministry of Education was put to task by parliament to come up with measures to mitigate the effects of COVID-19 in the education sector. Due to COVID19, His Excellency President Uhuru Kenyatta ordered the closure of all schools and other learning institutions

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DIGITAL SERVICE TAX: A TURN OVER TAX FOR THE ONLINE WORLD

In the wake of the COVID-19 pandemic the Kenyan economy is experience reduced growth. In fact, it is projected that the growth rate initially pegged at 5.6% will be revised downwards to about -1.5% to 3%. The impact of the pandemic is also reflected in

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COVID-19 UPDATE: PLEASE DON’T TOUCH!

PLEASE DON’T TOUCH! SOCIAL DISTANCING IS OUR SAFEST BET Following the President’s directive of 15th March, 2020 requesting companies to consider a work from home policy, a majority of entities were caught flat-footed with many admittedly not having contingency plans in place in the wake

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WHAT CAN I DO TO PROTECT MYSELF? WHAT IS THE GOVERNMENT DOING?

Following confirmation by the Ministry of Health that a Kenyan has tested positive for Covid-19, the question on everybody’s mind is what next? First, it is important to keep in mind that the Coronavirus is manageable and does not automatically translate to death/ mean a

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CAN THE BUDGET SAVE US?

Whereas what is being witnessed in the financial markets and consumer trends is expected, the crises occasioned by COVID-19 presents a unique opportunity for countries such as Kenya, which have been struggling to revive local industries in manufacturing and textile sectors especially. This can be

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Cryptocurrencies considered securities under regulation of Capital Markets Authority

The High Court dismissed a case filed by KeniCoin following a press release by the Capital Markets Authority of Kenya (CMA) warning Kenyans against investing in KeniCoin and KeniCoin Exchange. The court ruled that “Pending legislative process on publication of appropriate framework for regulation of

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Computer Misuse and Cybercrimes Act back in force

High Court Judge James Makau on 20th February 2020 dismissed a case filed by the Bloggers Association of Kenya (BAKE) that challenged the constitutionality of the Computer Misuse and Cybercrime Act, saying the petition was unwarranted. He lifted the 26 sections which had earlier been

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THE IMPACT OF TRADE AGREEMENT NEGOTIATIONS BETWEEN KENYA AND THE UNITED STATES OF AMERICA.

Introduction: A population estimated at 1.3 billion predominantly made up of young people and with an abundance of natural resources, Africa presents market opportunities, a growing labour force and raw materials for manufacturing. A lot of investments flowing into the continent had been focused in

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KENYA TOURISM SECTOR PERFORMANCE REPORT

The Highlights International Visitors Arrivals 2,048,834 Top 20 source markets for 2019 were: USA Uganda Tanzania United Kingdom India Age of visitors to Kenya 33-44 (30%) 25-34 (29%) 45-54 (18%) 18-24 (11%) 55-64 (8%) Purpose of visit Holiday (63%) Business (13%) Visiting family and friends

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Kenya ICT policy 2019 Highlights

National Information, Communications and Technology (ICT) Policy 2019 Introduction The National ICT policy was published on the 30th of December, 2019 and it captures the ICT ambitions of Kenyan citizens and corporations. It also creates a framework for their timely realisation. The policy will be

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The energy and petroleum regulatory authority (EPRA) 2019 energy sector overview and 2020 outlook

2019 achievements Electricity Sub-Sector The Olkaria 5 Unit I and II with an installed capacity of 158MW The 310MW Lake Turkana Wind Power The 50MW Garissa Solar Plant These three projects have seen the country’s installed capacity increase to 2819MW The Petroleum Sub-Sector Key highlights

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Senate, again, to seek justice against National Assembly in court

The two Houses of Parliament are set for another contest in the courts after the Senate agreed to a motion to institute proceedings to challenge laws senators say were enacted illegally in the last Parliament. Senators on Thursday approved a motion co-sponsored by Majority Leader

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We can’t afford Sh5 billion special fund for cities, MPs say

CRA argues that the five major cities in Kenya play a significant role in economic development

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MPs issue fresh threats to CBK boss on Sh1-million rule

Three House committees are angry at the Governor for the CBK’s failure to submit crucial but unpopular regulations.

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Why MPs want to see Rotich urgently

They ideally should have no role in the CDF but MPs get very angry when its disbursement is delayed.

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US issues terror attack, warns Westerners

Expect more alertness in security agencies

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Ruto changes strategy, warns against early campaigns in his name

After his latest statement, the DP appears to be changing tack

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Matiang’i bound to ruffle feathers in his new role

He is a good enforcer but he is not exactly popular amongst his colleagues, and now he has a bigger job.

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