Background

NEWS AND PUBLICATIONS

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Author: Fancy Chelang'at & Benard Kibet Sang

Impact of COVID-19 on Contractual Obligations in Kenya: Force Majeure and the Doctrine of Frustration

In response to the prevailing COVID-19 pandemic, the Government issued many directives and guidelines aimed at containing the pandemic and most of these directives have led to disruptions of many businesses and unfulfilled obligations between parties to contracts. Consequentially, there is a possibility that contracts entered by parties may become impossible to perform resulting to breach of contracts.
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Author: Joyce Nawiri & Benard Kibet Sang

Business Eased During The Pandemic: A Digest On The Business Laws Amendments Mainly To Facilitate The Ease Of Doing Business In Kenya By Electronic Means Among Others

This Digest is a brief analysis of the latest developments in the legal and regulatory landscape in view of the recently assented Business Laws (Amendments) Act of 2020 (“the Act”). It is divided into two sections. We first examine the history and purpose of the said Act, and secondly do an analysis of the affected Acts of Parliament and their overall impact in Kenya’s business world.
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Author: Benard Kibet Sang

A Comparative Analysis On The Challenges As To The Formation And Formalities Of Online Contracts In Kenya

The starting point regarding the law applicable to contracts in Kenya is the Law of Contracts Act. According to the Act, English Common Law of Contract, as modified by doctrines of Equity and Acts of Parliament of the United Kingdom, is applicable in Kenya. Therefore to know where to find the law on formation and formalities of contracts, applicable in Kenya, one has to look at the English Common Law, which is found in judicial decisions.
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Author : Eric Luhombo Ligami

Cryptocurrency: Towards A Legal Framework In Kenya?

When Satoshi Nakamoto, founder of Bitcoin presented a paper titled “Bitcoin: A Peer to Peer Cashless Money Transfer” in 2008 they introduced the concept of a currency that was to be decentralized and free from human manipulation. From this paper emerged a new revolution of digital currency that might quite possibly bring an end to the government currency monopoly and also provide financial privacy and security.
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