Our team represented a leading US-based global professional services network
Our team represented a leading US-based global professional services network
We represented a leading US-based global professional services network in a cluster of related actions where so-called investors, who had invested their monies in a Ponzi scheme, sought an indemnity from our client should they not recover their money from the fraudster's estate.
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8 Oct 2024
by Neha Dhana and Raaheel Bux
Does a partial acceptance of an offer constitute a counter-offer?
A valid agreement comes into existence when an offer has been accepted. As straightforward as this principle may seem, courts are often required to determine whether an offer has indeed been accepted. A party alleging that a valid agreement has been concluded must prove that the acceptance of the offer is unambiguous and corresponds with the terms of the offer. This is not always an easy task.
Dispute Resolution
3 min read
15 Apr 2025
by Lydia Owuor, Henry Omukubi and Michelle Kibui
Extend your lease before it is too late: An Analysis of the Supreme Court’s Decision in Harcharan Singh Sehmi and Another v Tarabana Company Limited and Five Others (Petition E033 of 2023)
In our experience, the most prudent approach is to apply for a lease extension at least five years before expiry. This rule of thumb exists for good reasons. In Kenya, there is a legal distinction between a lease extension and a lease renewal. An extension, if applied for before the lease expires, preserves the leaseholder’s legal interest and ensures continuity of title. Renewal, on the other hand, occurs after expiry, by which time the land has already escheated to the Government, the lessee’s rights have lapsed, and any new grant is subject to reallocation risks and fresh terms. When you factor in persistent delays at the land registry and the complications that can arise when life happens (such as the death of a co-tenant activating a procedural burden in the form of succession proceedings before any land dealings can occur), it becomes clear that waiting too long transforms a manageable administrative process into a precarious legal one.
Real Estate Law
6 min read
19 Nov 2024
by Desmond Odhiambo, Daniel Kiragu and Nicholas Owino
Key highlights from the Court of Appeal’s ruling on defamation and responsible journalism
The Court of Appeal has reinforced critical principles in defamation law and the standards of responsible journalism in its decision in Ongwen and Five Others v Omollo and Six Others (Civil Appeal 133 & 150 of 2018) KECA 1444 (KLR), clarifying the duty of care journalists owe when reporting on sensitivematters.
Dispute Resolution
4 min read
3 Dec 2024
by Vincent Manko, Imraan Abdullah, Kelo Seleka and Charles Green
Liability of municipal officials for unauthorised, irregular, fruitless and wasteful expenditure
Municipalities have original constitutional powers and are directly responsible for the management of their affairs. They are required to comply with the norms and standards imposed on them by national legislation. The Municipal Finance Management Act 56 of 2003 (MFMA) was enacted to “ secure sound and sustainable management of the financial affairs of the municipalities ”, and “ to establish treasury norms and standards for the local sphere of government ”. One of the ways it does this is by recognising the possibility that expenditure may not occur in a manner that illustrates sound and sustainable management and by creating liability and recovery mechanisms around that recognition to minimise financial exposure for municipalities.
Dispute Resolution
3 min read
17 Jun 2025
by Imraan Mahomed, Lee Masuku and Marcel Bothma
Can an employee be retrenched if the job still exists in another form?
When an employee is retrenched but their responsibilities are simply redistributed, can they argue that the position was not genuinely redundant? What if they believe that the employer failed to consider alternatives such as bumping or transferring them to another role? These questions were recently addressed by the Labour Court in De Weijer v Babcock Africa Services (Pty) Ltd (JS195/21) ZALCJHB 193 (19 May 2025).
Employment Law
1 min read
13 May 2025
by Alex Kanyi
Alex Kanyi provides summary of the Finance Bill 2025 on Spice FM
Alex Kanyi, Partner in the Tax & Exchange Control practice in Kenya was featured on Spice FM.
Tax & Exchange Control
48:14 Minutes