Introduction To Intellectual Property Law
Intellectual Property rights (IP Rights) are the rights given to persons over the creations of their minds. They are a form of property granted that enable the owner to exercise monopoly on the subject of the Intellectual Property rights and comprise of a set of exclusive rights to exclude others from making, copying or using certain intangible creations for a certain period of time.
They are...
Guidelines to Assist Public and Private Entities in the Preparation of Procedures for the Prevention of Bribery and Corruption.
Introduction:
Pursuant to Section 12 (1) of the Bribery Act, 2016, the Attorney- General in consultation with the Ethics and Anti- Corruption Commission issued the Guidelines to Assist Public and Private Entities in the Preparation of Procedures for the Prevention of Bribery and Corruption. This article therefore seeks to highlight the salient provisions of the Guidelines.
Establishing...
Minimum Tax in Kenya
In the past, businesses were not expected to pay any income Tax in the event that they did not make any profit. This however changed in January 2021 when the Parliament amended the Income Tax Act and introduced the impugned minimum tax.
Persons whose estimated instalment tax liability was lower that 1% of their gross turnover were required to pay minimum tax as from 1st January 2021...
LEGAL ALERT: The Draft Capital Markets (Investment Based Crowdfunding) Regulations, 2021
In accordance with Section 12A of the Capital Markets Act, the Capital Market Authority has come up with draft Capital Markets (Investment based Crowdfunding) Regulations to govern investment based crowd funding in Kenya. In this Article, MNO Advocates LLP attempts to reduce to bare bones the concept of crowdfunding and highlight the salient features of the draft regulations.
What is...
Preparation and Registration of Sectional Plans and Units
Introduction:
The Sectional Properties Act, 2020 was enacted in December 2020 at a time when laws were evolving due to the pandemic. The Act has brought about major changes that have not only seen the Ministry attempt to go digital but also made it easier for the ministry to set the records straight and eradicate any titles obtained through fraud or obtained on public land.
This Article will...
Compliance with Data Protection Laws in the Digital Era
The Covid-19 pandemic has drastically changed the work environment and as a result the use of technology and data protection laws have been discussed and intensively debated globally.
On July 16th 2021, the Luxembourg Data Protection Authority delivered a decision that resulted into Amazon being fined 746 million Euros that centred on their infringement of processing personal data without...
Legal Alert: Extension of Time To Install The Electronic Tax Registers
On September 25th, 2020, the Cabinet Secretary of National Treasury and Planning gazetted the Value Added Tax (Electronic Tax Invoices) Regulations, 2020 which were enacted in order to ensure that the Kenya Revenue Authority monitors the daily supply of goods and services for purposes of taxation. These Regulations apply to persons registered for VAT under the VAT Act.
The Regulations...
Legal Alert: Deadline for Filing Beneficial Ownership Register Documents
According to Section 93 A of the Companies Act, 2015 as read together with the Companies (Beneficial Ownership Information) Regulations 2020, all incorporated companies in Kenya are required to maintain a register of their beneficial owners and to submit a copy of the same to the Registrar of Companies.
Therefore, the Business Registration Service vide a public notice dated 9th June 2021,...
Legal Insight: Salient points on the Public Private Partnership Bill, 2021
A new Public Private Partnership Bill, 2021 has been proposed by the Kenya National Treasury in an attempt to amend the Public Private Partnership Act, 2013. The new Bill is aimed at curing the deficiencies in the 2013 Act from the perspective of the investor. The changes have been brought about in order to ensure that the project process is clearer with tentative timelines through reducing...
Legal Alert: Acquisition Of Citizenship And Legal Status
The CS, Ministry of Interior and Coordination of National Government, Dr. Fred Matiang’i issued a Press Release dated 26th May 2021 stating that the Government has launched a 60-day Rapid Response Initiative (RRI). The purpose of this exercise is to regularise the status of Kenyans who lost their citizenship prior to the promulgation of the 2010 Constitution as well as spouses &...