News & Articles

2025-11-10

Daniel Musyoka , Solomon Opole

Who Judges the Judges?

Why Arbitrator Neutrality Can Make or Break Your Case Introduction In international arbitration, parties may fight over millions—or even reputations

2025-08-26

Esther Omulele , Joy Muya

Ghostwriters of the Future: Who Owns AI’s Creations in Kenya?

Introduction From a simple human prompt, Artificial Intelligence (AI) can now author novels, compose music, generate art, and even create

2025-08-18

AI in the Dock: When Machines Invent the Law

Welcome to the strange new frontier of artificial intelligence (AI)—a space where machines don’t just make mistakes; they confidently hallucinate.

2025-07-28

Daniel Musyoka , Solomon Opole

Supreme Court Clarifies Specially Permitted Procurement Procedure (SPPP) and Constitutional Principles in Public Procurement

The Supreme Court of Kenya, in the recent case of Okiya Omtatah Okoiti v Portside Freight Terminals Limited & 12

2025-07-14

Esther Omulele , Margret Muiruri

What Should Kenya’s AI Laws Actually Cover?

Introduction In our earlier piece titled "Striking a Balance: Kenya's AI Strategy (2025–2030) and What It Means for You," we

2025-06-24

Jessica Mwenje , Gideon Langat

LAND USE PLANNING IN URBAN KENYA: A COUNTY GOVERNMENT CHALLENGE

THE ROLE OF COUNTY GOVERNMENTS IN THE SUSTAINABLE DEVELOPMENT OF CITIES AND TOWNS Sustainable urban planning in Kenya remains elusive

2025-06-18

Esther Omulele , Billy Otieno

BATA VS UMOJA — THE SHOWDOWN IN SOLES

A Clash of Soles and Statutes: When Trade Marks Meet Industrial Designs In Kenya, intellectual property (IP) rights, particularly Trade

2025-06-12

Persons with Disabilities Act, 2025.

Employer Obligations and Compliance Guidelines The Persons with Disabilities Act, 2025 ("the Act") came into effect in May 2025, replacing

2025-05-28

ESTHER OMULELE , SYLVIA KIMANI

Striking a Balance: Kenya’s AI Strategy (2025–2030) and What It Means for You

Introduction  In recent years, Kenya has witnessed an increased growth in digital footprint with more people accessing mobile phones and

2025-05-20

DANIEL MUSYOKA , SOLOMON OPOLE

Why FIDIC Contracts Rule Globally

What That Means for Projects in Kenya Introduction In construction and infrastructure development, the choice of contract is as important

2025-04-15

Esther Omulele, Joy Muya

How to Future-Proof Your Trade Agreements

Contract Strategies for African Businesses in Uncertain Times The shifting tides of global politics are creating treacherous currents in the

2025-03-21

Daniel Musyoka , Solomon Opole

Voluntary Liquidation: A Strategic Exit or the End of the Road?

Navigating Voluntary Liquidation with Confidence Introduction Closing a company isn’t always a sign of failure—it can be a well-planned strategic

2025-03-21

Isaiah Kamau Mungai, Ian Nalianya Smith

Asset Tokenization in the Real Estate Industry and Possible Opportunities in the Financial Services Industry

Background The International Financial Reporting Standards (IFRS) defines an asset as “a resource controlled by an entity with the expectation that it will generate a positive future economic benefit.” When

2025-03-03

Jessica Mwenje , Winnie Odhiambo

A LOOK INTO THE NATIONAL RATING ACT IN KENYA

 A NEW DAWN FOR RATING IN KENYA Introduction Land rates are levies paid to the county governments by landowners. On

2025-02-25

Esther Omulele & Billy Otieno

Insider Trading and the Legal Framework in Kenya: Reflections on the Capital Markets Tribunal’s Recent Decision

Did you know that insider trading can land you in prison and cost you millions of shillings? Consider the Martha

2025-02-17

Daniel Musyoka , Karen Muthee

Property Valuers’ Duty of Care: Avoiding negligence claims  

A. Introduction There are several reasons why property valuation is crucial to securing credit facilities These include, first, the need

2025-02-03

JESSICA MWENJE, CYPRIAN MASIKA

LET GO AND SUE FOR DAMAGES: KENYA’S SUPREME COURT ADVISES LANDLORDS

KENYA’S SUPREME COURT ADVISES LANDLORDS WHERE A TENANT TERMINATES A COMMERCIAL LEASE BEFORE THE LAPSE OF THE LEASE PERIOD EXECUTIVE

2025-01-31

ESTHER OMULELE , BILLY OTIENO

A COSTLY REPOST

A Costly Repost: Key Data Protection Lessons from Social Media Use ‘Like, comment, and share’—a mantra familiar to all social

2025-01-29

The Greenwashing Trap in Finance –Are We Truly Going Green?

GREENWASHING AND THE FINANCIAL SECTOR As we move further into the 21st century, discussions about sustainability and environmental responsibility have

2025-01-15

YOU WILL, YOUR WAY:EXPLORING THE POWER TESTAMENTARY FREEDOM.

Introduction Arguably, the principle of testamentary freedom is rooted in John Locke's[1] "Two Treatises of Government," in which he asserts

2025-01-10

Esther Omulele , Margret Muiruri

The Legality of eSignatures in Kenya

Introduction In an increasingly digital world, Kenya has embraced electronic signatures (eSignatures) as a legitimate means of executing documents and

2024-12-11

Esther Omulele , Sheila Kamau

DREAMS AND DILEMMAS: WALKING THE TIGHTROPE OF SURROGACY IN KENYA’S LEGAL SHADOWS

Introduction Surrogacy, much like a revolving number of nuanced concepts like Artificial Intelligence, cryptocurrency, social justice, and cybercrime, is slowly

2024-12-06

Daniel Musyoka , Solomon Opole

Unlocking the Secrets of Life Interest in Wills

Introduction Life interest is a legal term used in estate planning to describe a situation where a person (the life

2024-12-05

Esther Omulele & Sylvia Kimani

GOING BLUE: WHAT DOES THIS MEAN TO KENYAN COMPANIES?

Introduction Corruption is a cancer in any nation’s bloodstream. It is complex, manifests in various forms, spreads across all sectors

2024-11-21

Isaiah Mungai, Mary Gathoni Mwai

Essential Contractual Considerations in Sustainability linked Loans

Introduction Over the years, financial institutions have focused on credit creation for purposes of ensuring sustainable economic growth and social

2024-11-18

Daniel Musyoka

Writing skills

Are you a butcher or a surgeon? Contrary to the aphorism, a lawyer's stock-in-trade is neither time nor advice; it

2024-11-18

Jessica Mwenje ,Angela Njuguna

UNDERSTANDING SURRENDER OF LAND IN KENYA: AN EXPLORATION OF PROCESS AND PRACTICALITY

In Kenya’s evolving urban landscape, land development is a crucial component of economic growth, particularly with the emergence of large-scale

2024-10-29

Esther Omulele , Joy Muya

Are Regulatory Sandboxes the Key to Catalysing FinTech Innovation in Kenya?

Sparked by M-Pesa’s groundbreaking debut nearly two decades ago, Kenya’s fintech sector has surged beyond its origins, igniting a wave

2024-10-18

Isaiah Kamau, Judy Guandaru

The Hawala System: Unraveling the Mysteries of an Alternative Money Transfer Mechanism

In the vast landscape of global finance, there exists a shadowy network known as the Hawala system. This alternative money

2024-10-09

Daniel Musyoka , Audrey Mudachi

Final is Final: Warts and All

The Meaning and Application of Finality of Arbitral Awards Introduction Arbitral awards are generally considered final and binding on the

2024-09-27

Esther Omulele, Melissa Were

Stay Ahead: The Ultimate Guide to Corporate Governance Compliance in Kenya’s Business Landscape

Introduction In Kenya’s dynamic economic landscape, corporate governance and compliance have evolved from mere regulatory requirements to crucial strategic tools

2024-09-26

Jessica Mwenje , Cyprian Masika

New Municipalities in Town. What every Conveyancer and Property Purchaser Needs to Know about this Dawn.

Municipalities in Kenya serve as urban centres that the government utilizes as key sources of revenue to advance its economic

2024-09-25

Jessica Mwenje , Gideon Langat

PROTECTION OF PUBLIC LAND IN KENYA: ANALYSING THE PROPOSED RESERVATION OF LAND BY THE NATIONAL LAND COMMISSION

The National Land Commission plays the crucial role of administering public land on behalf of the people of Kenya. Further

2024-09-10

Daniel Musyoka , Karen Muthee, Derrick Mugendi.

The last testament

Succession planning through a will? It's more than just a formality – it's a power move to ensure your legacy

2024-09-02

I. Mungai Kamau , Joy Murugi Omulele

FINTECH REVOLUTION AND FINANCIAL INCLUSION IN KENYA

The financial system is being rewired, and fintech is the wire, - Jim Marous. Technologies that deal with finances have

2024-08-21

Advancing Success :Navigating Kenya’s PIP Approval Process

Introduction Turning Proposals into Projects Public-Private Partnerships (PPPs) have emerged as a strategic tool for Kenya to address infrastructure gaps

2024-08-16

Esther Omulele , Billy Otieno

A Game Changer for Renewable Energy in Kenya

The Energy (Net-Metering) Regulations, 2024 In this era of high electricity bills, the Net- Metering Regulations could not have come

2024-08-12

Daniel Musyoka, Audrey Diru and Peter Juma

THE PRODIGAL FATHER

Succession Planning Through Lifetime Gifts Abstract “A good man leaves an inheritance to his children's children”[1]. But parents have the

2024-07-31

Esther Omulele & Billy Otieno

Income Tax (Donations & Charitable Organizations) Rules, 2024 Analysis.

A New Tax Regime for Charitable Organizations- An Analysis of the Income Tax (Donations & Charitable Organizations) Rules, 2024. A

2024-07-12

Supreme Court Decision: Banks cannot change interest rates on loans without the Finance CS Approval

Abstract The Swahili adage goes, ‘Kukopa ni harusi, kulipa ni matanga’, which literally translates to ‘borrowing is like a wedding,

2024-07-03

Mungai Kamau, Nalianya Ian Smith , Sheilla Kamau

ARE BANKS NECESSARY?

KENYA EXPLORES THE GLOBAL MEGATREND OF A CENTRAL BANK DIGITAL CURRENCY (CBDC) Abstract Microsoft founder Billy Gates was certainly ahead

2024-06-27

Sylvia Kimani , Esther Omulele

Transforming Consumer Protection in Kenya’s E-Commerce Sector

Introduction E-commerce has revolutionized consumer transactions in Kenya, offering unprecedented convenience and accessibility. However, with this growth comes an increase

2024-06-14

Daniel Musyoka, Solomon Opole, Peter Juma

The Final Act: Members’ Voluntary Liquidation v Members’ Liquidation by the Court.

Introduction. There are many parallels between a company and a human being. A company is born at the point of

2024-05-28

Daniel Musyoka, Karen Muthee, & Faith Kinyua

AND THE TWO SHALL BECOME ONE Joint ownership as a tool in Real Estate Planning

Introduction Engineer Alex Maneno runs a successful engineering firm where he is the sole practitioner. He is the loving husband

2024-05-13

Esther Omulele, Joy Muya, and Cecile Naitore.

Powering Progress: Embracing Private Sector Participation in Kenya’s Electrical Energy Supply

Introduction Envision having a variety of options for electricity suppliers in a similar way as mobile phone or internet service

2024-04-29

Esther Omulele, Sylvia Kimani and Cecile Kimaita

A GAME CHANGER IN GREENWASHING? Kenya develops the Kenya Green Finance Taxonomy, 2024

The Central Bank of Kenya (CBK) on 12th April 2024 released the draft Kenya Green Finance Taxonomy (the “KGFT”) and

2024-04-19

Daniel Musyoka, Karen Muthee & Solomon Opole

WHEN THE ROLL IS CALLED UP YONDER – 5 ways to put your earthly affairs in order

INTRODUCTIONJim Reeves, the distinctive country music maestro of the 50’s and 60’s, sang, “this world is not my home I'm

2023-09-04

Daniel Musyoka - dmusyoka@mmcasafo.com , Karen Muthee - kmuthee@mmcasafo.com

Contracting by Emoji – Judge Rules Thumbs up Emoji Can Seal a Deal!

A.IntroductionIt is Homer Stille Cummings1, who is credited with the phrase, ‘the law is a living thing’. He saw it

2023-09-04

The Land Control Act, an old statute of dubious utility in current times, and how the LandControl Bill, 2022 intends to change that.

In his judgment in the case of Aliaza v Saul (Civil Appeal 134 of 2017) [2022] KECA 583 (KLR) Justice

2023-04-26

Kenya’s Sectional Properties Act and its impact on the Registration of Long-Term Leases with respect to Units

Introduction Kenya’s Sectional Properties Act (the “Act”) commenced operation on 28th December 2020 and its main purpose is to provide

2023-04-26

Juliet Mazera and Mutugi Mutegi

Central Bank of Kenya Proposes Banking Sector Charter

On 6th August 2018, the Central Bank of Kenya (CBK) invited public comments on the proposed Kenya Banking Sector Charter

2023-04-26

Esther Omulele and Joy Muya

Levelling the Playing Field: Assessing the Effectiveness of Kenya’s Competition Laws in curbing Predatory Practices in light of the China Square Debacle

Background The China Square debacle has produced heated discussion and debate over the past two (2) weeks. Traders in Kenya

2023-04-26

The Central Bank of Kenya’s Guidance on Climate-Related Risk Management issued in October 2021- The role of Financial Institutions.

This article has been written by Daniel Musyoka and Karen Muthee. In the article, the authors analyze the Central Bank

2023-04-26

Isaiah Mungai Kamau and Vivian Namisi

Contemporary Challenges facing Islamic Banking in Kenya and Possible Solutions

Introduction Islamic Finance is defined as a way to manage money and conduct business that fits with/ within the moral

2023-04-25

Dissecting The Impact Of “Ogentoto” : Equality In Marriage Vs. Proving Contribution In Matrimonial Property

Introduction Kenyan jurisprudence on matrimonial property rights recently got a landmark authority when the Supreme Court of Kenya issued its

2023-04-25

Daniel Musyoka and Faith Rotich

Enforcement of the Right to Equal Access to Quality Basic Education

The state of public education The introduction of free and compulsory basic education, led to an increase in school enrolment

2023-04-25

Isaiah Mungai Kamau and Ian Smith Nalianya

The regulatory framework behind ESG Lending in Kenya

Background In our previous article, we gave a brief introduction to an increasingly significant and novel component in the financial

2023-04-25

Daniel Musyoka and Karen Muthee

Finding Your Footing in FIDIC

Introduction  Construction industry is reputed to be more risky than other businesses because of the complexity of coordinating various activities.

2023-04-25

Daniel Musyoka

Good News to Companies: NoMore Advertising of Liquidation Petitions

A threat by a creditor to file a liquidation petition, previously known as a winding up petition, against a company,

2023-04-25

Esther Omulele, Maxwell Mafubo, Sylvia Kimani, and Faith Akinyi Mugo

Kenya Power: Legal and Commercial Considerations in Varying Power Purchase Agreements

Introduction A Power Purchase Agreement (PPA) is the primary contract entered into between power producers and power purchasers to facilitate

2023-04-25

Esther Omulele and Maxwell Mafubo Maelo

Highlights of the Draft Energy (Energy Management) Regulations, 2020 

On 18th September, 2020, the Energy (Energy Management) Regulations, 2020 (the “Draft Regulations”) were gazetted pursuant to Section 198 (1)

2023-04-25

Jaqueline Wangui and Winnie Odhiambo

Interrogating Alternative Loan Collateral: Life Insurance

Introduction Insurance is generally defined as an arrangement by which a company undertakes to provide a guarantee of compensation for

2023-04-25

Daniel Musyoka

Malicious Prosecution: Basis for Liability

When Sue’s ex-husband Joe discovers she is having an affair with his accountant Jimmy, he becomes very angry. Joe decides

2023-04-25

Daniel Musyoka, Karen Muthee and Solomon Opole

Finding Your Footing in Fidic: Dispute Avoidance Through the Dispute Adjudication Board.

Introduction  In Commercial disputes, arbitration is arguably the most popular and widely known dispute resolution process. Historically, arbitration has been

2023-04-25

Bernard Musyoka and Mutugi Mutegi

Market Inquiry into Kenya’s Leasing Sector – Key Issues

Introduction On 16th March 2018, the Competition Authority of Kenya (the CAK) published a notice of its intent to carry

2023-04-25

Daniel Musyoka

Beware of the monster lurking at midnight

Avoid pathological clauses in arbitration Introduction   Arbitration has gained popularity, especially in commercial and construction disputes, local and international. Indeed

2023-04-25

Juliet Mazera

Mining in Kenya and Government’s participation in large scale mining operations 

Mining in Kenya is regulated by the Mining Act, 2016 (the Mining Act). The Mining Act prohibits any person from

2023-04-25

Bernard Musyoka, Charles Kyengo and Wambui Mutugi

New Framework for Quality- of- Service Assessment of Telecommunication Systems and Services

Introduction The Communications Authority of Kenya (CA) is established under the provisions of the Kenya Information and Communications Act, No.

2023-04-25

Jaqueline Wangui and Victor Maobe

Parliamnet Annuls ERC Regulations on Solar Panels

Owners of large residential and commercial buildings who have not installed solar water heaters have been spared possible imprisonment or

2023-04-25

Post Covid Corporate Debt Restructuring in Kenya:  Lessons for Borrowers and Lenders

COVID-19 has severely affected the global economy and financial markets. Significant reductions in income, rise in unemployment, and disruptions in

2023-04-25

Protecting Your Brand Through Registration of a Domain Name

Introduction Modern technology has enabled online presence of business entities with many organisation selling their products and services through online

2023-04-25

Isaiah Mungai Kamau and Catherine Karanja

Robin Hood Tax Takes Shape in Kenya

The National Treasury and Planning Cabinet Secretary, Mr. Henry Rotich published the Finance Bill, 2018 through Kenya Gazette Supplement No.

2023-04-25

Salient Changes under the Business Laws (Amendment) Act, No. 2 of 2021

The Business Laws (Amendment) Act No. 2 of 2021 (the “Act”) was assented to on 31st March, 2021 and came

2023-04-25

Bernard Musyoka & Juliet Mazera

Securities Lending and Borrowing and Short-Selling Introduced in Kenya

Introduction On 12th January 2018, the Cabinet Secretary for the National Treasury enacted the Capital Markets (Securities Lending, Borrowing and

2023-04-25

Daniel Musyoka

Surety Bonds: Case for Collateral

A surety bond is a type of risk management tool; it is an agreement where the surety, a bank or

2023-04-25

Jessica Mwenje & Kelvin Gathara

Tax Incentives for Developers and First-Time Home Owners Under the Tax Laws (Amendment) ACT, 2018

Introduction As you may be aware on 18th July, 2018, the President assented into law the Tax Laws (Amendment) Bill,

2023-04-25

Juliet Mazera

The Availability of Indigenous Finance

In the past, African Governments have played the role of being the primary provider of public infrastructure and services. In

2023-04-25

Jaqueline Wangui & Miriam Tatu

The Three Legs of Capital Structure: Essential Tips for Companies

Introduction Indisputably, the ultimate goal of any business is to maximise the wealth of its investors by generating greater amounts

2023-04-25

Joy Murugi Omulele and Omondi Partick Oketch

Commentary on the Central Bank of Kenya (Amendment) Bill, 2021

Introduction The Kenyan National Assembly is currently in the process of reviewing the Central Bank of Kenya (Amendment) Bill, 2021

2023-04-25

Juliet Mazera

Public Private Partnerships: Development of Kenya’s PPP Programme

In the past, the Government of Kenya has played the role of being the primary provider of public infrastructure and

2023-04-25

Daniel Musyoka

Unlocking Defamation: What to Consider Before Suing or if Sued

Introduction  Since 2008 when the banking and micro-finance laws were amended to allow financial institutions to share credit information of

2023-04-25

Juliet Mazera

Why the Reverse Mortgage is Good for the Kenyan Market

Over the last two years, the Kenyan banking sector has been plagued with various issues including the collapse of two

2023-04-14

Jacqueline Wangui and Michael Okumu

An Islamic Banking ACT in Kenya? Detonating the Conundrum

“And for whatever Riba you give so that it may increase in the wealth of people it does not increase

2023-04-14

Juliet Mazera and Mary Kahura

A Review of the Draft Analysis Mason Report on the Telecommunications Competition Market in Kenya: 

Background The Communications Authority of Kenya on 20th February 2018 convened a public workshop to disseminate the findings of the

2023-04-14

Juliet Mazera and Lule Anne Kalekye

Creative Developments: A highlight of the changes proposed by the Copyright (Amendment) Bill, 2017

Introduction The Copyright (Amendment) Bill, 2017 (the Copyright Bill) proposes to amend the Copyright Act (No.12 0f 2001) (the Copyright

2023-04-14

Jessica Mwenje and Miriam Tatu

A Brief Overview of the Land Value Index Laws (Amendment) Bill, 2018

Introduction The Land Value Index Laws (Amendment) Bill, 2018 (the “Bill”) seeks to amend the Land Act, the Land Registration

2023-04-14

Juliet Mazera, Mary Kahura and Wambui A. Mutugi

A Brief Overview of Kenya’s PPP Pipeline Status Report

Introduction The Public Private Partnership Unit (PPP Unit), a specialized unit within the National Treasury, is responsible for the overall

2023-03-31

Asafo & Co. advised LBOF Securities International in the acquisition of a stake in CGF Bourse, the leading Dakar-based asset management and brokerage firm.

Asafo & Co. advised LBOF Securities International, which is controlled by LBO France Gestion, a multi-specialist investment platform founded in

2023-03-26

Jessica Mwenje and Winnie Odhiambo

Fractional and Timeshare Ownership of Real Property in Kenya – Is it time?

Introduction I own that villa. Well, a fraction of it. That ordinarily would be a rare statement from an ordinary