Policy, Legal Compliance & Legislative Drafting

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Regulated public and corporate entities in Kenya are required to conduct their business affairs full compliance with the Constitution, all applicable sector legislation, regulations and processes. The ramifications of non-compliance are far reaching both for the institutions and officers involved.

The firm has built strategic capacity in this area to assist both public sector clients as well as private sector players that have engagements with public bodies. The practice area is one of the fastest growing components of the firm’s practice and is overseen by a highly experienced team of lawyers with expertise in various aspects of public sector administration including policy formulation, different categories of compliance audits as well as legislative drafting.

Building on the unique advantage that the firm enjoys as one of the few firms with an elaborate offering in the area, the team continues to add to the firm’s market leadership status. The categories of clients that frequently engage the firm in relation to this practice area include State Corporations, National Government Ministries, County Governments and Assemblies, investors and public listed companies.

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Notable Assignments

  • Reviewed the electoral laws in appraising all instruments and policies developed by the government, non-governmental agencies and the client in relation elections Kenya and prepared a policy paper to guide the electoral law reform process.
  • Advised the Solicitor General and the Ministry of Lands and Physical Planning on the shortcomings of the Business Laws Amendment Act which amended among others, the Land Registration Act and subsequently submitted memorandum to the lands Committee of the National Assembly on a subsequent Bill making further but inadequate amendments to the same Act.
  • Developed regulations for the parallel importation of generic drugs and currently developing subsidiary legislation for the regulation of the cosmetic industry on behalf of a regulator.
  • Advising the National Land Commission on the development and formulation of the Historical Land Injustices Bill aimed at identifying and resolving some of the most protracted historical land injustices in Kenya
  • The Team advised and represented Kenya Tea Development Agency Holdings Limited, a key player in the tea industry in challenging subsidiary regulations issued by the Minister for Agriculture, Livestock, Fisheries and Cooperatives. The regulations were ultimately annulled by Kenya’s Senate following presentation of Memoranda and appearances before the Senate Sessional Committee on Delegated Legislation and the Standing Committee on Agriculture, Livestock and Fisheries. The tea sector is valued in excess of Kshs. 487,000,000,000.00

Law Reform

Memorandum to National Assembly – Business Laws Amendment Act (No.2)

On Friday, February 12th, 2021 the Clerk to the National Assembly published in the local dailies an invitation for public participation and submission of memoranda on the Business Laws (Amendment) (No. 2) Bill, 2020 (National Assembly Bill No. 50 of 2020)(hereinafter referred to as “the Bill”) in line with Article 118 (1) (b) of the […]

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Law Reform

The Business Laws Amendment Act, No.1 Of 2020: The Flaw In The Law

The Business Laws Amendment Act, Number 1 of 2020 (BLA) was enacted to bring the cost of doing business down and enhance efficiency in business transactions. The World Bank in its Ease of Doing Business Report, 2020 noted that Kenya ranked 134th with regard to the registration of properties. In response, the Government, through the […]

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