Key tax changes to look out for in 2022

On January 1, 2022, several key tax amendments contained in the Finance Act, 2021 (the Act) took effect. We take a look at these changes and the likely impact on

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The year in review: Highlights on key legislative interventions that impacted the private sector

Several legislative interventions that have affected the private sector came into force in 2021. As the year draws to a close, we look back at some of these interventions and

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Another contest on the way in new anti-money laundering Bill

The balance between the protection of the right to privacy and enforcing anti-money laundering laws will once again come to the fore as Parliament works to seal loopholes in the

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The Huduma Bill 2020; Impacts on Private Sector Enterprises

Businesses and the Government will have a symbiotic relationship in the use of citizens’ data under changes to the law proposed in the Huduma Bill, 2020.  The Bill is among

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Data Protection Act turns two years but more needs to be done to assure Kenyans

The Data Protection Act, 2019, (the DPA) was assented to by President Uhuru Kenyatta on November 8, 2019, and came into effect on November 25, 2019. This month marks the

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A sneak peek at China’s Personal Information Protection Law (PIPL)

On Monday, November 1, 2021, China’s Personal Information Protection Law (PIPL) took effect, months after it was promulgated by the Standing Committee of China’s National People’s Congress. This is China’s

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Hope for Improved ICT Infrastructure after High Court Orders Implementation of Initiatives to Aid Access to Justice

Information, Communication and Technology (ICT) has for years now been an enabler of Kenya’s economy and development. When the coronavirus pandemic hit in 2020, the government looked at ICT to

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What next for Huduma Cards after court calls for data protection impact assessment

Data security came to play at the High Court in Nairobi on Thursday, October 14, 2021, after Justice Jairus Ngaah declared that the government’s decision of November 18, 2020, to

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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

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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

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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

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Post BREXIT Data Partnerships: Kenya’s First ‘Adequacy Partnership/ Decision’?

The United Kingdom on Thursday announced their Post-Brexit approach to international data transfers which includes future partnerships with Kenya. India, Brazil and Indonesia are also in this priority list. The

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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.

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The draft Capital Markets (Investment Based Crowdfunding) Regulations, 2021.

The Cabinet Secretary to the National Treasury and Planning is proposing to make the Capital Markets (Investment Based Crowdfunding) Regulations, 2021. The Regulations will apply to investment-based crowdfunding platforms in

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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

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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

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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

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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

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Regulatory Impact Assessment on the Data Protection Regulations

The Office of the Data Protection Commissioner (ODPC) vide a Gazette Notice No. 4697 informed the public that a Regulatory Impact Assessment (RIA) on the proposed Data Protection (Registration of

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Finance Bill, 2021

TAX AMENDMENTS HIGHLIGHTS Introduction: The Finance Bill, 2021 was published on 05th May 2021. The reason for publishing the Bill early, as was the case in 2020, was to comply

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A ruling against Minimum taxes

Earlier this week, the High Court of Kenya vide a ruling in the Constitutional Petition No. E005 of 2021, a case of Stanley Waweru & 3 others (the Petitioners) V

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New era – New taxes

The online mode of doing business has brought with it taxation challenges. Kenya along with the rest of the world is moving away from the traditional brick and mortar concept

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New rules for Data Protection

The Officer of the Data Protection Commissioner released Draft Data Protection Regulations earlier this week for public participation. The Regulations comprises: The Data Protection (Compliance and Enforcement) Regulations – The

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Increasing ease of doing business in Kenya

The Business Laws (Amendment) (No. 2) Act, 2021 (“New Act”) was signed into law on 30th March 2021, thereby coming into effect straightaway. The new Act amends various laws and 

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A win for children and families in Kenya

The Employment (Amendment) Bill, 2019 was signed into law on 30th March 2021. The new Act – Employment (Amendment) Act, 2021 came into force on 15th April 2021. The Act

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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

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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

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ICT Practitioner’s Bill: The “Birth of a Profession?”

Hon. Godfrey Otsotsi is back with the Information Communication Technology Practitioners Bill 2020 which has triggered murmurs across Kenya’s technology community. The bill seeks to establish a legal framework for

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BBI at a glance: Uniting Kenya through legal and policy reforms

The Steering Committee on the implementation of the Building Bridges Initiative made recommendations on the implementation of the Report, which are structured in the following thematic areas: Constitutional; Legislative; Policy;

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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

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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

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