Insights

Introduction Private Equity invests in already existing private companies not listed in the stock exchange that are either promising companies in need of growth and expansion or those in need of ‘repair’. This is done by having a pool of investors investing in a fund; contributes to the fund and buy out the company whereby some changes are made such as change in strategy in reliance on the...

The Civil Aviation (Aircraft Accident and Incident Investigation) Regulations, 2024, (hereinafter referred to as “the Regulations”) established pursuant to Section 82 of the Civil Aviation Act, provide the legal basis and framework for the investigation of aircraft accidents and incidents within Kenya’s jurisdiction, as well as Kenyan-registered aircraft abroad. The summary captures...

Topics covered: Types of business entities and their basic tax treatment; Key features of the tax regime applicable to incorporate businesses; The division of the tax base between corporations and non-corporate businesses; Key features of the taxation of inbound investments; Key features of the taxation of non-local corporations; Key features of the taxation of foreign...

Kenya’s Cabinet recently approved plans to dissolve or merge several state corporations, consequently raising several legal and policy considerations. This action, undertaken pursuant to a budgetary support program with the International Monetary Fund (IMF) and the World Bank, necessitates analysis within the framework of Kenyan law, including the Constitution of Kenya, 2010, the State...

A trust, regardless of the type as provided below, is considered invalid if it is meant to conduct or engage in anything illegal in Kenya, lacks identifiable or ascertainable beneficiary, uncertain terms making it impossible to achieve its purpose, settlor’s lack of legal capacity to create the trust; or established by duress, fraud, misrepresentation, or breach of fiduciary duty. Whether...

Samurai Bond Samurai Bonds are bonds issued on the Japanese capital market in Japanese yen by corporations, supranational organizations, and foreign governments. With the help of this bond, businesses and organizations can raise capital in Japan by tapping into the country’s deep pool of savings and investment. Samurai Bonds serve several purposes including helping issuers diversify...

The Government of Kenya has proposed and implemented various regulations concerning tax, intellectual property, and quality assurance measures to the benefit – or lack of it – of the government, investors, and consumers. Imported products that require certification marks by the Kenya Bureau of Standards (KEBS) are usually verified abroad during the exporting process, through various...

Mergers and acquisitions (M&A) are processes that lead to the birth of new entities through the combination of two business entities into one, which is more effective and efficient than the two former companies that were independent. In these transactions, financial benefits are accrued to the owners of the original companies. M&A is a vital element of corporate expansion strategies,...

Data protection Impact assessment is a systematic process used to assess and mitigate privacy risks associated with the processing of personal data to determine appropriate measures to address those risks. By undertaking a Data Protection Impact Assessment (DPIA), organizations can guarantee thorough consideration and effective management of privacy risks ultimately leading to the improvement...