Category: Legal Updates

  • Kenya Data Protection Compliance Guide: Overview

    Kenya Data Protection Compliance Guide: Overview

    With President Kenyatta’s nomination, in October 2020, of Ms Immaculate Kassait as Data Commissioner and communicating the nomination to the National Assembly for its approval, it appears to be only a matter of time before the office of the Data Protection Commissioner is staffed, and the Data Protection Act of 2019 operationalized. The office of…

  • Kenya’s Recognition of Electronic Signatures

    The use of electronic signatures is regulated by the Kenya Information and Communication Act, 1998 (“KICA”). KICA, under section 83P, recognizes the legality of ‘electronic signatures’ as well as ‘advanced electronic signatures.’ An advanced electronic signature as that which is: uniquely linked to the signatory; capable of identifying the signatory; created using means that the…

  • Trade Mark Trafficking? High Court Rules in Favour of Barclays Bank

    In the High Court’s decision in ABSA Kenya Limited versus Barclays Bank here, the Court addressed itself to what amounts to ‘using’ a registered trade mark in Kenya. The decision and the Court’s analysis is important because of hitherto scanty decisions on the topic, despite the clear statutory provision in the law that requires a…

  • 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…

  • 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…

  • Country Index: Trade Mark Licensing and Use in Kenya

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

  • 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…

  • 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…

  • 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…