Njeri Wagacha talks to Catherine Igathe

What happens when there are no employee/employment contracts transferred? Is the business still transferred as a going concern?

The Labour Court recently had to decide whether the termination of a service agreement and the concluding of another service agreement with a new service provider to render the same or similar services constituted the transfer of a business as a going concern in terms of section 197 of the Labour Relations Act 66 of 1995 (LRA).

Benefit sharing in carbon projects: Reflections on recent legal developments in Kenya

Kenya has been active in the development of carbon projects since 2008 when the country’s first Clean Development Mechanism project (a 35MW sugarcane bagasse-based co-generation power plant), was registered. Since then, Kenya has held a robust pipeline of projects and is home to a wide variety of project types including many global firsts.

Further refinements to the corporate rollover relief provisions

”Yes, I can tell you watt to do”: Competition Tribunal confirms jurisdiction over electricity supply excessive pricing complaints

Cape Gate (Pty) (Ltd) (Cape Gate) lodged a complaint with the Competition Commission of South Africa (Commission) against the Emfuleni Local Municipality (ELM), the National Energy Regulator of South Africa (NERSA) and the Gauteng Provincial Government.

Companies to take heed of mounting climate change litigation risks, advises Alecia Pienaar, Counsel in our Environmental Law practice during a eNCA interview.

Don’t throw cautionaries to the wind: Navigating communication about potential affected transactions

In the context of “ affected transactions ”, which are transactions that are regulated in terms of the Takeover Regulations (see section 117(1)(c) of the Companies Act 71 of 2008 (Companies Act)), it is well-established and understood that the publication of a “ firm intention announcement ” (FIA) in respect of an affected transaction is a watershed event. The publication of an FIA triggers the commencement of the “ offer period ” (firm offer period) in respect of an affected transaction. From this point, the applicable offeror is bound to make a firm offer to the offeree-regulated company or its shareholders, as applicable, and to see the affected transaction to completion on and subject to the salient terms and conditions set out in theFIA.