Legal Opinion – Zahra Legal LLP

Carbon Credit Regulations in Kenya: Turning Climate Finance into Community Equity

Kenya’s Carbon Credit Regulations are reshaping the landscape of climate finance. By embedding community benefit obligations and strict governance requirements, the framework ensures that carbon markets deliver not only environmental outcomes but also social dividends. At Zahra Legal, we believe these provisions mark a decisive shift confirming that carbon finance is no longer just about emissions reduction. The development and accountability from stakeholders needs to be apparent. Community Benefit at the Core The Regulations mandate that project proponents allocate a fixed percentage of annual aggregate earnings to community development projects. …

Shopping for Consequences as Carrefour’s Abuse of Buyer Power Rings in at 1.11 Billion at Competition of Authority of Kenya (CAK) Checkout

In a groundbreaking move, the Competition Authority of Kenya (CAK) has today imposed significant sanctions on Majid Al Futtaim Hypermarkets Limited, operating as Carrefour in Kenya, for abuse of buyer power (ABP). The Authority, established under section 7 of the Competition Act, aims to enhance the welfare of Kenyans by enforcing fair competition practices, and its recent actions signal a firm commitment to this objective. Understanding Buyer Power Buyer power, as defined by the Competition Act, refers to a powerful buyer’s ability to obtain supply terms outside normal business practices, …

Enhancing Judicial Efficiency: The Supreme Court’s Ruling on Joinder Applications

In a recent ruling in the case of Republic v Mwangi; Equality Now & another (Intended Interested Party); Initiative for Strategic Litigation (ISLA) & 3 others (Intended Amicus Curiae) (Petition (Application) E018 of 2023) [2023] KESC 99 (KLR) (Civ) (10 November 2023), the Supreme Court of Kenya addressed three crucial applications aimed at optimizing judicial resources and ensuring a comprehensive examination of the matters at hand. The applications involved requests for joinder by interested parties and admission as amici curiae, adding complexity to a case concerning the constitutionality of mandatory …

Unpacking the Ruling in Mwiti & another v Viljoen & another

(Civil Case E002 of 2022) In the recent ruling on November 8, 2023 in the legal battleground between Mwiti & another v Viljoen & another, Hon. Justice A.K. Ndung’u straightened out the legal maze of taxation of legal fees and attachment of documents issues surrounding a reference against a Taxing Master’s decision. The case, marked [2023] KEHC 24906 (KLR), features Silas Mwiti as the 1st Respondent and Sunland Roses Ltd as the 2nd Respondent, opposing Johannes Petrus Viljoen, the 1st Applicant, and Oletala Limited, the 2nd Applicant. The Crux of …

Review Vs. Right of Appeal

The ruling in the case of Mwambeja Ranching Company Limited & another v Kenya National Capital Corporation, delivered on October 6, 2023, by a bench of the Supreme Court of Kenya, provides significant insights into various legal issues, including the review of a Court of Appeal decision and the certification of an intended appeal on matters of general public importance. The ruling showcases the principles that guide the Court in making such determinations and highlights the importance of public interest in legal proceedings. The applicants, Mwambeja Ranching Company Limited and …

COMPLIANCE: Appeal Rules Clarified in the Supreme Court of Kenya Ruling: Erdemann Property Limited vs. Safaricom Staff Pension Scheme Registered Trustees, et al.

In the Republic of Kenya, the Supreme Court issued a ruling on September 22, 2023, in Petition (Application) E013 of 2023. The case involved Erdemann Property Limited as the appellant, Safaricom Staff Pension Scheme Registered Trustees, Kenya Urban Roads Authority, Mavoko Water & Sewerage Company Limited, Kenya National Highways Authority as respondents, and Everest Limited and Sunset Housing Limited as interested parties. The primary focus of the ruling was the striking out of the Notice of Appeal dated March 23, 2023, and the Record of Appeal dated April 28, 2023. …

Costs in Public Interest Litigation: Balancing Self-Interest and the Greater Good

Public interest litigation, a formidable tool for championing societal causes and upholding justice on a grand scale, has recently sparked a thought-provoking debate. This discourse centers on whether victorious public interest litigants should pursue costs. This article delves into the intricate layers of this debate, dissecting its core arguments and underlying principles. In the case of Okoiti & 2 others v Attorney General & 14 others (Petition (Application) 2 (E002) of 2021) [2023] KESC 31 (KLR) (21 April 2023) (Ruling), an intriguing scenario unfolded. The application sought the review and …

CONSENT: The Data subjects’ Predicament

Consent is a cornerstone of Kenyan law, championing personal freedom and individual autonomy in a society that highly values dignity and respect. It holds a pivotal role in various legal domains, spanning from contract agreements to medical procedures, and, most notably, in cases related to sexual offenses. The legal principle of consent empowers individuals to make informed choices about their bodies and personal affairs, acting as a safeguard against coercion, exploitation, and violations of personal boundaries. This fosters a culture of accountability and respect for the rights of all Kenyan …

Time Waits For No Litigant: Effluxion of Time in The Small Claims Court

Time management is an issue that precedes the legal system and the human race has found expressions and phrases to deter one from wasting the same. Such expressions include time waits for no man, a stitch in time saves nine, you may delay but time will not, the only thing you cannot recycle is wasted time, etc. Well, the legal system in Kenya, like in many other jurisdictions takes time wastage very seriously. So serious that there is a limitation of actions Act to govern timelines for bringing actions in …

Looking To Invest in Kenya? Obtain a Class G Work Permit Today

Karibu Kenya! Usually, moving into a new country not only presents its challenges but doing business in that new country can be even more challenging. Fortunately, with the right experts in your corner, these challenges will seem like a walk in the park. For an immigrant looking to invest in our beautiful country, you will need a Class G work permit which is referred to as an Investor Immigration Permit in other jurisdictions. In order to apply one must be a foreign national or a foreign company representative or a …

Do Extra! Do Not Just Judge That Property by Its Title

You have often heard and understood the saying, “Don’t judge a book by its cover”. Well, following the recent landmark decision of the Supreme Court of Kenya (the ‘Court’) delivered on 21st April, 2023, purchasers should bear this proverb to heart. This is because you will now be required to look at the root of the title as part of your due diligence in order to confirm that you are getting a good title. The Court held that where the process of acquiring the first title did not follow the …

Court Corridors Update: Cytonn High Yields Solutions LLP

The Administration of Cytonn High Yields Solutions LLP has been terminated, and the LLP has now been put under liquidation under the guidance of the Official Receiver. Contributions in excess of Kes. 11 billion made by over 3,000 members are yet to be recovered in the one year the LLP was under administration. #administration #liquidation #Cytonn …