Office of the Attorney-General in Kenya: Functions, powers and duties

The Office of the Attorney-General in Kenya dates back to 1906. Over the years, with successive governments, the powers changed and evolved until the promulgation of the Constitution of Kenya 2010 which cemented the roles and functions of the Attorney-General. According to Article 156 of

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Cytonn’s dilemma in the face of liquidation order

A high court ruling in Kenya this week has ordered the liquidation of two funds owned by Cytonn Real Estate – Cytonn High Yields Solution (CHYS) and the Cytonn Real Estate Project Notes (CPN) – to recover Kshs 14 billion owed to 4,000 investors. Some

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How social platforms are eating into media space and the implications on public policy

When Jurgen Habermas, a German philosopher, wrote about the public sphere, he conceived of it as a space where people can share opinions and thoughts freely in support of the democratic process. The state is, however, not part of the public sphere which has the

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Since the presentation of the Presidential Task force Report on Review of Power Purchase Agreements on September 29th 2021, the country has been awash with speculations on how the proposed 33% decrease in energy cost will be implemented. In the Weekly Vellum dated October 01st

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Re-constitution of Kenya’s Cabinet

Vide a Notification of Presidential Action [II] publicized via a Press Statement on 29th of September, the President of Kenya, H.E. Uhuru M. Kenyatta notified the public of the changes to his Cabinet. This is in exercise of the presidential prerogative vested in the Head

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There’s a New Sheriff in Town: Meet the New Communications Authority Boss

Following a dramatic exit from the public stage after a protracted procurement controversy at the Independent Electoral and Boundaries Commission (IEBC) three years ago, Mr. Ezra Chiloba has returned to the limelight. Popularly referred to as “Chilo-bae” during the 2017 General Election, Mr. Chiloba re-enters

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Review of Power Purchase Agreements in Kenya for Affordable Electricity

  On September 29th 2021, H.E. President Uhuru Kenyatta directed the Cabinet Secretary, Ministry of Energy, to implement the recommendations of the Presidential Taskforce on Review of Power Purchase Agreements. The Taskforce was constituted vide Gazette Notice No. 3076 of 29th March, 2021, following public

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Tolling Nairobi Expressway: More Needs to Be Done to Convince the Public

It’s 4:45a.m, Mutuku Keith is preparing to leave his home in Syokimau. He has been trying to figure out how he can evade traffic for months now.  Sometimes when he leaves as early as 5a.m there’s traffic and other times there’s not much traffic or

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Mergers & Acquisitions: Lessons to Learn From Rubis And Gulf Energy Dispute

Gulf Energy and Rubis Energy are battling in court over privacy and security issues that arose after an acquisition. Rubis Energy acquired KenolKobil in 2019, a transaction that enabled it to acquire Gulf Energy. In the transaction, Gulf Energy transferred all its ICT assets including

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Odinga climbs the Mountain but the hard work remains

Raila Odinga, the head of the Orange Democratic Movement, this week made his biggest moves yet to harness the votes he anticipates will be the reward of his rapprochement with President Uhuru Kenyatta. He toured Central Kenya, met and received the approval of the powerful

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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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This is what the Kenya Airways and South African Airways Collaboration Means For KQ, a Partnership is Only the Beginning

The cooperation agreement between Kenya Airways (KQ) and South African Airways (SAA) announced this week marked the first steps towards the creation of a Pan-African Airline Group despite the path being littered with a myriad of domestic issues. Both airlines are facing financial difficulties, which

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Report on the ICT Practitioners’ Bill, 2020

The Information Communication Technology Practitioners Bill (National Assembly Bill No. 38 of 2020) seeks to establish a legal framework for the training, registration, licensing, practice and standards of Information, Communication Technology (ICT) professionals in Kenya. The Bill sponsored by the Hon. Godfrey Osotsi, M. P,

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A review of the draft KENIC.KE domain name WHOIS policy

KeNIC is a company, limited by guarantee, licensed to manage and administer the dot ke Country Code Top-Level Domain (.Ke ccTLD) name. As a registry they record, store and maintain details of domain names in the Top Level Domain (TLD).  WHOIS is a query and

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SIM Card Registration & Verification – A Threat to Hyper-Surveillance

The deadline for all Mobile Network Operators (MNOs) to ensure all SIM cards are linked to a legal registration identity document is fast approaching- 09th September, 2021. This follows a directive issued by the Communications Authority of Kenya (CA) earlier in August, 2021 which also

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A reminder of the inaugural African Conference on Debt and Development (AfCoDD) being hosted by the African Forum and Network on Debt and Development (AFRODAD) in collaboration with its Pan-African Civil Society Organisations, and national and international partners. The forum will be held on 25th–

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Court of Appeal stops Reggae

Today a seven-member Court of Appeal bench dismissed the BBI appeal. The seven judges are Daniel Musinga, Fatuma Sichale, Gatembu Kairu, Hannah Okwengu, Roselyn Nambuye, Patrick Kiage and Francis Tuiyott. The judges took turns to read their judgments which were upholding the High Court’s decision.

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Taxation in Sports

Kenya was the leading performer in Africa in the recently concluded 2021 Tokyo Olympic games having won four golds, four silvers and two bronze that further jolted the country to 19th on the global medal standings. As the Olympic games came to a close, an

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The Continent’s Inaugural Afraican Conference on Debt and Development (AfCoDD)

The African Forum and Network on Debt and Development (AFRODAD) in collaboration with its Pan-African Civil Society Organisations, and national and international partners, is organising an inaugural African Conference on Debt and Development (AfCoDD). The forum will be held on 25th– 27th August, 2021.  AfCoDD

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ODPC, time to press play?

Is your company compliant with the Data Protection Act, 2019? Or does it have systems to ensure that it is compliant with data protection laws? The Act which was enacted in 2019 regulates the processing of personal data and has provisions on how to protect

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KENYA: PUBLIC NOTICE – BENEFICIAL OWNERSHIP E-REGISTER PROGRESS UPDATE  The Business Registration Service (BRS) in its mandate to oversee operations of the Companies Registry and the overall implementation of the Companies Act, 2015 operationalized the Beneficial Ownership E-Register on 30th October 2020. On 31st January

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Data Policy Framework for Africa

The African Union Commission (AUC) is in the process of developing a Data Policy Framework for Africa. The process which is made possible by the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) under the Data-Cipation programme, is being spearheaded by Research ICT Africa (RIA). Currently, RIA

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Data Breaches and Cyber Security: What you need to know

A few years ago, many corporations used to think data protection meant security of systems. And this was because they thought the word protect meant security in the context of cyber security. While security of data is a way of implementing privacy and data protection,

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An Economic case for LGBT+ inclusion in Kenya

Countries that have successfully made the transition to high-value economies share common policies and traits. One of the most important and least discussed is that an open and inclusive society that creates a welcoming environment for investment, talent, and inclusive growth. In particular, LGBT+ inclusion

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Highlights of Kenya’s proposed National Addressing Law and Policy

The National Communications Secretariat is currently collecting views on the draft National Addressing Policy and the draft National Addressing Bill, 2021. These two instruments will enable the creation of a National Addressing Framework. This is a framework that will provide for the naming, numbering and

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Highlights of the Business Registration Services Draft Bill

The Business Registration Services has published several business laws amendments bills. They hope the amendments will address the necessary gaps and achieve a coherent legislative framework for these laws. The amendments bills are: The Registration of Business Names (Amendment) Bill,2021. The Insolvency (Amendment) Bill, 2020

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Highlights of the Access to Information Regulations, 2021

Before the promulgation of the Constitution of Kenya 2010, the phrase “Serikali ni siri kali” (Government is a big secret) commonly described the futility encountered in attempts to receive information from public institutions.  Article 35 of the Constitution tore that veil of secrecy as it

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State of the GDPR at 3 and its global effect

As of Tuesday 25 May, it was 5 years of General Data Protection Regulations (GDPR). 3 years since its enforcement and its impact on the world can be felt. The Regulations have elevated the awareness of privacy and data protection from boardrooms to living rooms

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Goodies from Facebook Safety and Security team

NEW TOOLS TO MANAGE FAKE NEWS ONLINE On 26th May 2021, Facebook launched new ways to: inform people if they’re interacting with content that’s been rated by a fact-checker as well as  take stronger action against people who repeatedly share misinformation on Facebook.  Whether it’s

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Big Data 101

The term ‘big data’ refers to a collection of data that is large and complex. It is data that grows drastically with time and is difficult to process or store using the traditional data management systems (relational database and data warehouses). Although the storage of

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The COVID vaccine debate- Why is Africa not able to manufacture its own vaccine?

The ongoing COVID-19 (C-19) pandemic has and continues to expose the Africa’s weakness in its manufacture and supply of essential medicines and health equipment. This has also brought to the fore a recognition of Africa’s unwavering dependence on the importation of both pharmaceuticals and essential

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A year of resetting what is normal: 12 months post COVID

Today we mark exactly one year since Kenya recorded its first case of COVID-19 on 12th March, 2020.In its wake, the coronavirus disease has left our national consciousness wounded and scarred, every aspect of our life tested to the limit. The COVID enemy has remained

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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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The Africa Business Forum: Innovative finance to harness technology

Introduction The Virtual Opening of The Africa Business forum was held on the margins of the 34th Ordinary Session of the African Union Assembly Of Heads Of State And Government on 8th February 2021 at 14.45 hrs to 16.00hrs East Africa Time. The Forum was

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Insights into the American Election 2020

US President Donald Trump is vying for a second term against the Democratic Party candidate and former Vice President, Joe Biden. American elections are different from the one man one vote system that is the norm in other democracies. When Americans cast their ballots for

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Proposed Constitutional reforms in the Building Bridges to a United Kenya Taskforce Report

Article 151 is being amended to include the Office of the Prime Minister who shall be appointed by the President.

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COVID-19: Global trade value chains, taxation, and recovery

Ideally, removing the non-tariff barriers that remain the biggest hindrance to continental trade can foster regional integration, which must play a key role in the crisis recovery strategies in Africa.

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What next for the Building Bridges Initiative? The road to a referendum.

In our estimation, the soonest the BBI Bill will be back to Parliament is June 2021. With General Elections scheduled for 2022, elected leaders will already be in campaign mode and BBI is likely to be second priority for those whose priority will be to be re-elected.

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Combating Tax Evasion: Intelligence-driven approaches

The commendable progress made so far can only mean one thing: the days for tax
evasion perpetrators are continually diminishing. Through such collaborations, the
country is now better equipped to emancipate tax revenues trapped in the intricate
web of tax evasion schemes.

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KEPSA/ KRA 6th Annual Tax Roundtable

National Treasury has accepted to increase the monthly
VAT refunds allocation from Ksh. 1.2 Billion to Ksh. 1.7
Billion. This has greatly contributed to the liquidity and
availability of capital which has been instrumental in
the continuity of business operations.

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Is Huduma Number the future of KYC

On Wednesday,
during the
unveiling of the
Central Bank
branch in Kisii
County, the
President said
that the rollout of
Huduma Namba
will change
operations in the
banking industry.
He said that the
new system will
make it easier
for banks to
capture details of
clients’ increasing
confidence in
dealing with them.

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A look into the Data Commissioner’s in tray

With the government having announced plans to proceed with the Huduma Number project, the Data Commissioner’s role will be to ensure that the process is in compliance with the data protection Act while building public confidence in the whole system.

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Back to school : Big issues and challenges

CS Magoha announced the reopening of schools, coupled with recommendations and protocols based of the work of the COVID 19 Education Committee appointed earlier to examine the issue of when learning should resume at school and under what conditions and with what protocols.

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Highlights of the Start Up Bill, 2020 in the Senate


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Financing non-communicable diseases in Kenya

Government has increased
the health budget by 10.4%
to Kes. 114 Billion

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FTA Series – Part 2: African Continental Free Trade Area Agreement

The AfCFTA offers a unique opportunity to develop an inclusive trade system and economic model by increasing intra-continental trade; but in order to trade, Africa first has to produce; and not just primary commodities. However, the AfCFTA will only promote intra-African trade if governments actually implement it

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Government’s resolve to end graft

The graft war in Kenya, a legacy carried by President Uhuru Kenyatta to date, is perhaps a war that needs public support as the government reigns in on corrupt individuals and corporates.
Political analysts and the general public have been skeptical on the government’s stand on corruption. While some have termed it ‘political theatrics’, others have their eyes fixed on whether the end will lead to convictions. The government however, has its eyes fixed on recovery of all assets from graft cases.

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Which way forward Mr. President?

The country has been awash with analyses and sentiments over the advisory delivered by Chief Justice David Maraga on 21st September, 2020 with regards to the proposed dissolution of the Kenyan Parliament. The advisory to the President is anchored on Article 261 of the Constitution which provides for dissolution of Parliament in the event of its failure to pass the legislation required to implement the new Constitution.
Under Article 27(9) “the State shall take legislative and other measures to implement the principle that not more than two-thirds of the members of the elective or appointive bodies shall be of the same gender”. Thus the Constitution imposes this duty on the State as opposed to Parliament.

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FTA Series – Part 1: What you need to know

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.

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In need of revival: The evening economy

As we walk the path to economic recovery, we need to work towards resuscitating the evening
economy while keeping safe.

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The Income Tax (Real Estate Investment Trusts) Rules, 2020.

REITs are Real Estate Investment Trust Schemes. They are usually authorized by the Capital Markets Authority under the Capital Markets (Real Estate Investment Trusts) (Collective Investment Schemes) Regulations. Section 20 of the Income Tax provides that a real estate investment trust (REIT) alongside unit trusts and collective investment schemes, is exempt from income tax. The Finance Act, 2019 further exempted investment companies wholly owned by a REIT from income tax.

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On 1st of June 2020, the President addressed the nation during the first ever ‘remote’ Madaraka day celebrations. In His address, he directed the Ministry of Education to fast track and finalize the ongoing consultations about school reopening with various stakeholders.

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When State House Nairobi announced that President Uhuru Kenyatta was going to address the nation on 06th April, 2020, many thought that he was finally going to declare a nation-wide lockdown. He did not. He instead announced a cessation of movement in and out of

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FIGHT THE VIRUS NOT THE PEOPLE: Coronavirus does not discriminate, and neither should we.

FIGHT THE VIRUS NOT THE PEOPLE: Coronavirus does not discriminate, and neither should we. Stigmatism was for the longest time a term connected to HIV. It was a prejudice that came with labelling individuals as part of a group (HIV positive persons) believed to be

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COVID-19 IS HERE- WHAT NEXT? : Economic Impact of Coronavirus in Kenya

Per a report on published by the Kenya Private Sector Alliance (KEPSA) titled Business Perspectives on the Impact of Coronavirus on Kenya’s Economy, reported that 61percent of 95 companies surveyed incurred average losses of less than Kshs. 1 million while 21 percent reported losses of

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Sustainable blood management and efficient blood systems are crucial for attainment of Universal Health Care (UHC). However, not much attention has been given in this area specifically to the challenges in meeting the growing demand for blood and blood products through the establishment of an

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THE KENYA GAZETTE SUMMARY This is part of the Vellum Weekly. The full 6th March 2020 edition can be found Vellum 6th March 2020 Legislative Supplements The Insurance (Anti-Money Laundering and Combating Financing Terrorism) Guidelines, 2020 The Insurance (Bancassurance) Regulations, 2020 The Insurance (Group-wide Supervision)

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The first case of Coronavirus disease (COVID-19) that was first reported from Wuhan, China, on 31 December 2019 has since spread to 54 more countries. According to the WHO there have been increased cases in Italy, the Islamic Republic of Iran and the Republic of

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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

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