Our team acts for a leading independent data, voice and intellectual property provider
Our team acts for a leading independent data, voice and intellectual property provider
Our team acts for a leading independent data, voice and intellectual property provider in a review brought by a state entity challenging the lawfulness of a substantial infrastructure which is in an advanced stage of its implementation. The case includes difficult questions of administrative law as far as the tender is concerned; the misuse of corruption legislation; and a constitutional challenge to the very existence of the state entity.
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31 Jan 2024
by Alex Kanyi and Billy Oloo
Tax stability and predictability for economic sustainability
Prior to deciding to introduce or redomicile a business in any country, an investor must always consider how favourable, stable, and predictable the country’s tax system is. The primary rationale for this is the need for certainty and guarantee regarding the future sustainability of investment in the host country. This predictability ensures that the investor can plan for their business, which includes planning ahead for tax liabilities and allocating resources appropriately and efficiently. On the other hand, a tax regime that is unstable and unpredictable has the opposite effect, that is, it hinders an investor’s power to consciously make investment decisions, which would ultimately be a deterrent, leading to capital flight and reduced economic activity. Foreign direct investment (FDI) is particularly sensitive to tax stability and predictability, as investors weigh the risks associated with potential changes in tax laws. Countries with consistent and transparent tax regimes are more likely to attract FDI, contributing to economic development and job creation.
Corporate & Commercial Law
4 min read
3 Apr 2024
by Emma Kingdon
Elections 2024: Internet service providers must prevent dissemination of fake news
With the national and provincial elections less than two months away, the Film and Publication Board (FPB) published a notice on 22 March 2024 in which it defines the terms “ misinformation ” and “ disinformation ”, and declares them to be propaganda for war, inciting imminent violence or potentially advocating hate speech. The distribution of any such content via any medium, including social media, is an offence in terms of section 18H of the Films and Publications Act 65 of 1996 (Act). The fine, if found guilty, is R150,000 and/or a two-year prison term.
2 min read
6 Mar 2024
by Martha Mbugua and Amanda Maseno
The impact of the fluctuation of the Kenyan currency with regards to investment in Kenya
The Kenyan shilling dropped significantly in value (by approximately 22%) against the US dollar between March 2022 and January 2024. During this period there was a continuous drop in value with the lowest rate being KES 160.80 per dollar in January 2024. Various factors have been attributed to the depreciation of the shilling against the dollar, including the COVID-19 pandemic, which affected the global economy; rapid monetary policy tightening by the US Federal Reserve; the Russia-Ukraine war and the subsequent sanctions against Russia which disrupted supply chains; drought; and the Kenyan Government’s heavy debt burden, which reduced Kenya’s reserves below the required level of not less than the value of four months’ worth of imports. In February 2024, the shilling gained against the dollar from KES 160 to KES 145 and, as at 6 March, the shilling stands at 142.8 against the dollar. It is not certain whether this upward trend will continue or if future declines/fluctuations are to be expected. In this article, we discuss the actions taken by the Government to mitigate this, look at the impact of fluctuation of the Kenyan currency on investments, and propose somesolutions. Mitigation measures by the Government
Corporate & Commercial Law
4 min read
26 Feb 2024
by Desmond Odhiambo and Sara Ndei
Missed opportunities: The implications of squandering a disciplinary hearing
In employer-employee workplace tales, a person decrying unfair termination is a common scenario. But what about the instances where the employee had a chance to tell their side of the story in a disciplinary hearing, but they let it slip away? This is the story in the case of Okun v Kenyatta University (Cause 363 of 2019) where the employee sought a declaration from the court that his employment was terminated unfairly. The twist is that the employer had extended two invitations to the employee to appear before a disciplinary committee, which were postponed at the request of the employee. Thereafter, it sent a third invitation which the employee refused to honour entirely. What is the implication of squandering the termination process in thisway?
Employment Law
3 min read
17 Aug 2023
by Alecia Pienaar, Jackwell Feris and Keloabetswe Seleka
Increasing climate change litigation risks: A focus on the private sector
In the recently published Global Climate Litigation Report: 2023 (Report), the United Nations Environment Programme provides valuable insight into the emerging trends surrounding climate change litigation. The importance of the increasing prevalence of these cases is well-highlighted in the Report, which references a “ body of legal precedent ” that is “ forming an increasingly well-defined field of law ”. The facts, arguments and findings surrounding the cases will therefore collectively serve as a reference point for local litigants seeking judicial intervention in matters involving climate policy, law or science.
Environmental Law
4 min read
19 Jul 2023
by Tendai Jangara, Tiffany Gray, Belinda Scriba, Lucinde Rhoodie, Brigitta Mangale and Elgene Roos
CDH Women Empowerment podcasts
10 April 2023 marked 100 years since the Woman Legal Practitioners Act 7 of 1923 was promulgated. The Act contained a single section, which reads: “ Women shall be entitled to be admitted to practice and to be enrolled as advocates, attorneys, notaries public or conveyancers in any province of the Union, subject to the same terms and conditions as apply to men… ”. As we commemorate 100 years of women in law, we bring you insightful episodes of the CDH Women Empowerment podcast series. This is where several members of our firm discuss the importance of women empowerment in the legal profession.
Firm News
4 min read