Mergers and Acquisitions in Kenya: A Legal Perspective
Mergers and Acquisitions (M&A) play a pivotal role in the growth, competitiveness, and diversification of businesses in Kenya. These transactions not only offer strategic opportunities for expansion but also present complex legal, regulatory, and commercial considerations. At Prof. Tom Ojienda and Associates, we provide expert legal support across the entire M&A lifecycle, from preliminary assessments […]
Copyright Infringement in Gospel Music: A Review of Rebecca Wanjiku v Christ Is the Answer Ministries (CITAM) & Another
In a landmark decision delivered on 20th June 2025 by Hon. Justice F. Mugambi in the High Court of Kenya at Nairobi [2025] KEHC 8774 (KLR). The Court found Christ Is the Answer Ministries (CITAM) and Isaac Peter Kalua liable for copyright infringement of the song “Rungu Rwa Ihiga”, originally authored by gospel artist Rebecca […]
Kenya’s High Court Declares Mandatory IMEI Collection Unconstitutional: A Landmark in Digital Privacy
In a bold and progressive ruling delivered on April 26, 2024, the High Court of Kenya in Law Society of Kenya v Communications Authority of Kenya & 10 others [2023] KESC 27 (KLR), declared the mandatory collection of International Mobile Equipment Identity (IMEI) numbers by mobile network operators unconstitutional. The decision marks a significant advancement […]
Guardianship in Kenya: A Comprehensive Guide under the Children Act, 2022 and the 2024 Guardianship Rules
Guardianship is a vital legal mechanism that ensures children who are without parental care are protected, guided, and supported. The Children Act, 2022 Cap. 141and the recently enacted Children (Guardianship) (Practice and Procedure) Rules, 2024provide a robust legal and procedural framework for guardianship in Kenya. This article explores the key elements of guardianship, including eligibility, […]
A Landmark in Kenya’s Family and Succession Law
Supreme Court Affirms Inheritance Rights of Children Born Out of Wedlock in Muslim Succession Cases On 30th June 2025, the Supreme Court of Kenya issued a groundbreaking ruling in SC Petition No. E035 of 2023 – Fatuma Athman Abud Faraj vs. Ruth Faith Mwawasi & 2 Others[2024] KESC 61 (KLR), marking a historic turning point […]
Understanding the Concept of “House Without Land” in Kenya
Introduction The concept of “House Without Land” where an individual owns a house but not the land beneath it, is a peculiar and controversial land tenure system practiced predominantly along Kenya’s coastal region. This arrangement contradicts the traditional legal doctrine encapsulated in the Latin maxim cujus est solum ejus est usque ad coelum (he who […]
Co-Ownership in Kenya: Your Legal Guide
Co-Ownership in Kenya: Your Legal Guide It is common for friends, couples, and even groups to invest in buying property together, whether for residential, commercial, or investment purposes. However, it is prudent to be familiar with the different types of ownership structures available in Kenya before venturing into such arrangements. Understanding the nature of co-ownership(co-tenancy) […]
The Complete Guide to Buying Land in Kenya
Buying land is a significant and often life-changing investment. Whether you’re acquiring land for residential, commercial, or agricultural use, it’s essential to follow due process to avoid fraud, disputes, or future legal complications. This guide outlines the key steps and considerations when purchasing land in Kenya, incorporating both legal and practical aspects to help you […]
ASCERTAINING VALIDITY OF CUSTOMARY MARRIAGE IN KENYA UNDER THE MARRIAGE ACT 2014.
Customary marriages form a significant part of Kenya’s socio-cultural fabric that reflect the diverse traditions and practices of the Country’s ethnic communities. Despite modernization and legal reforms, many Kenyans continue to marry under customary law, making it a vital area of legal and social interest.What is a Customary Marriage?A customary marriage is one that is […]
Understanding Parental Leaves in Kenya: Rights, Entitlements, and Legal Framework.
The landscape of employment law is evolving and parental leave continues to play a crucial role in promoting gender equity and family welfare. In Kenya, there exists three forms of parental leaves: Paternity, Maternity, and Pre-adoptive Leaves enshrined in the Employment Act 2007. These provisions offer vital protections to both fathers and mothers in formal […]
