Insights

Introduction Impact finance is a purposeful investment that generates positive social or environmental impacts alongside a considerable financial return. Impact finance, which includes sustainable, green, and climate finance, is governed by a combination of sector-specific and cross-sectoral regulations, policies, and voluntary market guidelines. Currently, there is no single piece of...

Recent Africa–EU trade restrictions covering twelve products are altering the manner in which firms contemplate the purchase, sale and shipment of items internationally. Statistics from the sector indicate that close to a quarter of international deals encounter problems with regulations, simply because commodity categorisations are not verified before a deal is finalised. Even for investors...

Throughout the building sector, it is generally understood that sluggish validations and delayed partial payments can easily raise project expenses by 10–20%, particularly within public-private partnership – or PPP – agreements which include several nations. In Kenyan-EU infrastructure projects, these increases are seldom the result of inadequate work by the contractor. Rather, they...

A current Supreme Court judgment affects the way termination terms in JCT contracts are understood, and changes the allocation of risk for contractors and clients on building projects that cross national boundaries. Statistics in the industry show that roughly a quarter of international projects have termination problems. Investors, and project funders operating in Kenya, Britain, and the EU...

When firms buy businesses in other countries, many think the difficult stage has passed once the purchase goes through. Actually, a good many disagreements come up following the deal – and frequently the issues are with how the company is governed. Analyses of medium-to-large cross-border deals reveal that governance misalignment can be responsible for over a third of early arguments between...

Around nearly a third of international takeovers almost 30% reveal sizeable problems, or ‘material liabilities’, after the deal is done; this is often because usual checks don’t pick up on the dangers specific to each country. In deals between Kenya and the EU, these problems often show up where the length of time it takes to register land, the registering of security, and sticking to EU data...

INTRODUCTION PIPs are designed to help employees perform their roles better and meet their targets. The process of coming up with a PIP must be fair, transparent, and adhere to the law. In Kenya, the law that governs PIP and employment in general is the Employment Act. The Act is supported by decisions made by courts in matters relating to employment and labour relations. The law requires...

Summary Local content is the added value brought to the Kenyan economy through procuring locally available services, goods, supplies and work force. The Objectives of The Bill To provide a framework for regulation of local content by prescribing minimum local content quotas in various sectors: To promote the local industry and sourcing of locally produced goods and services To...

Kilimall International Limited secured our services after a Court without jurisdiction to address certain employment disputes awarded the Claimant KES. 2,625,000 in Mavoko CMCC ELRC No. 16 of 2020. We challenged the legality of the judicial decision; however, in the interest of justice and flexible labour courts practices, the Claimant was allowed to file a fresh case, in this case (Nairobi...

Our Client, then serving as a Financial Controller at DHL Supply Chain Kenya Limited-Kasarani, was terminated from her role on allegedly being in contravention of her employer’s, DHL’s (Respondent), Conflict of Interest policies. This was despite our Client making the necessary disclosures, which were of less risk to the interest of the business. Furthermore, at this stage, the employer did...