Chebet & Co. Advocates

  • Legal Issues Arising from Motor Vehicle Classification and Use: ‘Ride hailing’ Digital Service Providers, Probox and Double Cabin Pick-Up

    Under Kenya’s traffic, road and transport laws, a Probox and a bodaboda are not Public Service Vehicles (PSVs), a Double-Cabin Pick-Up is not a commercial vehicle, and there is no category of vehicle called ‘private’ vehicle. The Traffic Act classifies motor vehicles into the following specific categories: – Motor cycles – Motor car – Invalid carriages – Commercial vehicle – Matatu – Motor ombinuses – Heavy commercial vehicles – Tractor A saloon or station wagon car falls within the category of a ‘motor car’, what we normally call a ‘private car’. It is illegal to…

  • Our Guest blogpost series: German embassy Schengen visa for children- My experience and what to do to avoid being denied a visa like I was, by Wanjiru Atati

    Bear in mind that despite your real intentions to holiday and sightsee in those beautiful distant lands, many-a-Kenyan have gone before you on a tourist visa with the real intention of never returning aka the story of illegal immigrants in Europe and America as we know it. As a visa applicant therefore, you really must prove to the staff here (and do it as nicely as is earthly possible…) that you will return home (Maybe they have KPIs around successful applicants who didn’t return, I don’t know…)

  • Business Laws (amendment) Act, 2020: Easing doing business in Kenya

    The enactment and subsequent coming into force of the Business Laws (Amendment) Act in March 2020 is in tandem with Kenya’s efforts to increase the ease of doing business in the country. Against a backdrop of many Kenyan businesses going through financially challenging times occasioned by a global health crisis, legislative measures to reduce ‘red tape’, increase transparency and give effect to valid business transactions are welcome. We summarise below the impact of some of the amendments that the Business Laws (Amendment) Act has introduced. Recognition of Digital Signatures, Documents & Registries Contracts in Kenya…

  • Kenya: BCLB Prohibits Licensing of SportPesa Trade Mark

    Many sports betting firms in Kenya must have seen (and celebrated) the widely publicized media return of SportPesa (the media must have itself missed out on the apparently huge advertising revenue from SporPesa), welcoming the return of the giant sport betting company that not only sponsored the KPL and local clubs, but also Everton (remember seeing Wayne Rooney wearing a shirt branded SportsPesa?). The celebration was short-lived as hot-off its heels came the Betting Control and Licensing Board’s (BCLB) announcement that the firm that MileStone Games Limited, the intended operator of ‘SportPesa’ branded sports betting…

  • Country Index: Trade Mark Licensing and Use in Kenya

    https://www.country-index.com/pdf_trademark_licensing.aspx

  • Kenya COVID-19 Numbers

    Total confirmed cases today: 559 Total deaths today: 18 Total recoveries today: 478 Total tested today: 3,074 Total tested to date: 678,000 Total confirmed cases to date: 70,804 Total deaths to date: 1,287 Total recoveries to date: 45,766

  • Kenyan Employers: Mandatory Compliance with the National Employment Authority (NEA)

    The National Employment Authority (“NEA”) published a notice in the major Kenyan dailies issuing an extended deadline of 8th July 2019 for employers to file certain returns in respect of their employees with it. NEA has stated that all employers need to file returnsindicating the following: Notice of filing or abolishing a post; Notice of termination of employment; notice of vacancy; copy of register with the employee details like age, sex, date of employment, qualifications and education level. The NEA was created and set up by the National Employment Authority Act of 2016 (“NEA Act”),…

  • Lawful Processing of Personal Data: Is it all (only?) about Consent?

    Immaculate Kassait was sworn in on 16th November 2020 as Kenya’s first Data Commissioner (note that she is not the ‘Data Protection Commissioner’, which is the office, comprising the Data Commissioner and other staff appointed by the Data Commissioner). While we all wait to see her first course of action (Huduma Rules? Regulations on de-minimis registration of processors and controllers? Audits of our telcos’ processing of data? ), this article discusses one of the most frequently asked about issue: whether each instance of processing personal data (and thought) requires consent. Kenya’s Data Protection Act, like…

  • Kenya Personal Data Protection Concerns Around COVID-19 measures

    Kenya’s confirmed COVID-19 cases reached 700 people at the start of the second week of May 2020, well within the numbers the region is reporting, though far from the tens of thousands reporting across Europe and the United States. Nevertheless, Kenyan health authorities have consistently maintained the need to ensure confidentiality of patients personal identifiable data is maintained, citing both doctor-patient confidentiality, as well as confidentiality on account of personal data and privacy laws. Below, we address some key personal data protection concerns and considerations that businesses ought to have when implementing  the use of…

What are you looking for?