Are Digital Contracts Enforceable in Kenya and Africa?
Technological advancements have been reshaping the business processes. Digital contracts have become a central part of transactions in Kenya and across the world. However, their enforceability depends on a region's legal framework, which must provide mechanisms for validating electronic signatures, records, and the overall digital contract process. But are these
Understanding the Companies (Beneficial Ownership Information) Regulations, 2020
Legal Implications for Business Owners in Kenya and East Africa The Companies (Beneficial Ownership Information) Regulations, 2020, represent a significant step towards promoting transparency and accountability in corporate ownership structures in Kenya. These Regulations are particularly relevant for business owners in Kenya and across East Africa as regional economies align with
How Insolvency Affects Business Contracts in Kenya: A Guide for Business Professionals
When a business faces insolvency—meaning it can’t pay its debts—this can have a big impact on any contracts the company is part of. Contracts with suppliers, customers, and lenders might change or even be canceled due to insolvency proceedings. In Kenya, the Insolvency Act, 2015 lays out how this process
The Role of ESG in Investment Due Diligence for Businesses in Kenya
Environmental, Social, and Governance (ESG) considerations have emerged as crucial components in investment due diligence in Kenya, significantly influencing risk assessment, stakeholder trust, and long-term sustainability. Integrating ESG into due diligence processes has become a priority for investors who seek responsible and sustainable investments. This shift toward ESG is not
Reform and Accountability: The Mwongozo Code’s Role in Transforming Kenya’s State Corporations
A Deep Dive into the Current Affairs Kenya’s State Corporations/ Agencies stand at a critical juncture, marked by reform efforts under the Mwongozo Code and new 2024 governance guidelines aimed at enhancing accountability and efficiency. While Mwongozo has long promoted ethical leadership and robust oversight, recent executive orders by President William
Quick Tips for Managing Employment Disputes Legally
Running a business in Kenya brings a lot of responsibilities, especially when it comes to managing employees and ensuring a smooth and fair workplace. When employment disputes arise, how you handle them can significantly impact your business. We have put together a guide that can help you resolve employment disputes
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In today’s fast-paced, global marketplace, building trust between buyers and sellers can be challenging. Identifying a genuine seller or buyer isn’t always an easy undertaking either. Whether purchasing high-value items, engaging in real estate transactions, or managing cross-border sales, both parties need security and confidence that each will uphold their
The Broader Impact of Corporate Governance: Investors, Risk Management, and Transparency
This is our second part in Corporate Governance Series. In Part One, (link) we explored the significance of corporate governance from an employee's perspective. However, in this section, we’ll broaden the scope to consider how corporate governance influences investors, risk management, and the transparency that is essential to any successful
Building Strong Foundations: Why Corporate Governance Matters for Every Stakeholder
Corporate governance is often viewed as a high-level concern reserved for boardrooms and executives, but in reality, it impacts every aspect of a company’s operations. Whether you're an employee, an investor, or a partner, the principles of governance shape not only the company’s success but also your role within it.
Protecting Your Digital Assets: A Legal Perspective for Kenyan Businesses
In today’s digital age, safeguarding your digital assets has become more critical than ever. From sensitive client information to proprietary software, businesses in Kenya and the world over face increasing threats from cyberattacks and data breaches. As more companies shift their operations online, it’s essential to understand how to protect