Beneficial Ownership
Who is a Beneficial Owner?A Beneficial Owner is defined as a natural person who controls at least 10% of the issued share capital; or, 10 % voting rights; or a right to appoint a Director or exercise significant control over a company’s finances or financial policies. What does the law say about it?The requirement for […]
Vaseline, Smirnoff risk removal from trademark registry
More than 2,000 products, including global brands like Vaseline, Smirnoff and Total Gas, risk losing their market protection in Kenya following the expiry of their trademark licences. The Kenya Industrial Property Institute (Kipi), the custodian of trademarks in the country, said it would clear 2,162 products from its register if their owners failed to renew […]
Telemedicine services becoming the new normal in Kenya
Telemedicine, the remote diagnosis and treatment of patients by telecommunications technology has gradually become acceptable.The evolution of Covid-19 in the world has concreted the absolute need to reduce movement to mitigate the risks of person-to-person infections as per the measures put in place by health authorities during the pandemic. A few years ago, Lawmark Partners […]
New PAYE and VAT Rates in response to COVID-19
The Coronavirus (COVID-19) has had a significant impact on the global economy. With more than 1.4 million people infected globally, and 172 confirmed cases in Kenya, the government has implemented a raft of measures to address the pandemic. In relation to taxes, the Government has proposed various tax-related measures including the following: Reduction of Personal […]
COVID-19 As Shield Against Breach Of Contract: Force Majeure Or Frustration
In the wake of the outbreak of a deadly virus in Wuhan, Central Republic of China, the World Health Organization acting swiftly on March 11, 2020, declared the virus which is now infamously known as COVID-19 a pandemic. The virus constitutes a public serious health risk as its spread is global, infecting people and causing […]
New bid to save flat owners from rogue land developers
Apartment owners will now hold individual title deeds under a radical new plan proposed by the government. The Sectional Properties Bill of 2019, which is currently before Parliament and championed by Lands and Physical Planning, seeks to address the legal loopholes that have exposed flat owners to unscrupulous property developers. Read more
Lawmark Participates in MKU Career Week
On Tuesday 21 January 2020, Lawmark Partner Victor Kapiyo was a key speaker at the Mt. Kenya University Career week at its Parklands Law Campus. The theme of the event was “career frontiers for the contemporary lawyer”. The annual event was held from the 20 – 24 January 2020, is geared towards helping the young […]
Kenya Adopts New Data Protection Act
Efforts to have in place a privacy and data protection framework in Kenya commenced with the introduction of the right to privacy under Article 31 of the Constitution of Kenya 2010. The provision guarantees every person the right not to have their person, home or property searched; their possessions seized; information relating to their family […]
Couples can now divorce at any time, court lifts three years limit
Couples married through civil process are now free to divorce any time. Initially, the law provided that couples in civil unions could only file for divorce after three years. However, Justice Reuben Nyakundi yesterday declared section 66 (1) of the Marriage Act that barred such couples from divorcing within the three years unconstitutional. According to […]
Why new copyright law offends right to fair trial
The Copyright (Amendment) law which the National Assembly passed on Thursday, September 12 and signed by the President could end up doing the exact same thing, giving a huge blow to content creators. As the law currently is, everyone and anyone who creates content is at risk. Read more here