Corporate Law East Africa
Corporate law is the body of laws, rules, regulations, and practices that govern the formation and operation of corporations and institutions. It is the body of law that regulates legal entities that exist to conduct business and institutional processes. The laws touch on the rights and obligations of all of the people involved with forming, owning, operating, and managing a corporation or an institution.
Why do corporate laws exist?
The laws and rules that govern corporations and institutions ensure that they operate on a level playing field. Corporate law is meant to be friendly for businesses and organizations. It is not meant to make it harder to get things done. The laws exist to make it easier for corporations and institutions to conduct business activities smoothly and efficiently. Rules that govern forming a corporation or an institution and how they operate in an environment that ensures fairness for all concerned parties. They make sure that corporations and institutions operate in predictable ways to ensure that there is confidence in the system and structures that others can rely on.
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Investment & Development
Mergers & Acquisitions
Company Law
Intellectual Property Law
Tax Law
Public Interest Litigation
Contract Law
C.S.R.
Banking Law
Bankruptcy Law
Investment & Development
Kenya has been experiencing significant economic growth over the past few years, making it an attractive destination for foreign investors looking to capitalize on its vast potential. The country has a diverse economy that includes agriculture, manufacturing, tourism, mining, and technology, which offer plenty of investment opportunities.
Kenya offers a favorable investment climate, with a government that is not only committed but actively working to attract foreign investment and facilitate business growth. This commitment provides a stable and supportive environment for investors.
At P.A. Osino & Co. Advocates, we offer sound advice on legal structures to be put in place in formation and processes to ensure the establishment and running of the business and institutional structures for your success in Kenya. To discuss this in length with our senior partner please arrange for a personal or virtual meeting by emailing: [email protected].
Please reach out to us today for a meeting to discuss your requirements.
Mergers & Acquisitions
Mergers and acquisitions (M&A) in Kenya are governed by the Companies Act of 2015 and the Competition Act Chapter 504 of the laws of Kenya. These laws require that all mergers and acquisitions exceeding a certain threshold be approved by the Competition Authority of Kenya (CAK) before they can be completed.
The Competition Act provides for a mandatory notification regime under which parties to a proposed merger or acquisition must notify the CAK of their intentions to merge or acquire and obtain approval before proceeding with the transaction. The Act also provides for a voluntary notification regime, under which parties may choose to notify the CAK even if the transaction does not meet the mandatory notification thresholds.
Overall, the legal framework for mergers and acquisitions in Kenya is robust, aimed at promoting competition, protecting the interests of all stakeholders, and ensuring that the benefits of mergers and acquisitions are shared equitably.
Please reach out to us today for a meeting to discuss your requirements.
Company Law
Company law in Kenya is governed by the Companies Act, 2015. The Act sets out the legal framework for the formation, management, and dissolution of companies in Kenya to ensure that they comply with the requirements of the Act and other relevant laws and regulations. Private companies are limited to a maximum of 50 shareholders, while there is no limit to the number of shareholders for public companies. Companies are required to have a memorandum of association and articles of association, which set out the company’s objectives, powers, and rules for the conduct of its affairs.
The Act also sets out the duties and responsibilities of company directors, including the duty to act in good faith, with due care and diligence, and in the best interests of the company. Directors can be held personally liable for breaches of their duties.
At P.A. Osino & Co. Advocates, we offer services dealing with the formation and running of management companies when buying sectional property, incorporation of businesses, rental property management, etc.
Intellectual Property
Intellectual property (IP) protection in Kenya is not just a legal requirement, but a strategic move that can significantly benefit creators and innovators. Governed by various laws and regulations, IP protection aims to safeguard your rights and promote your work. The fundamental laws regulating IP protection in Kenya include the Copyright Act, the Trademarks Act, the Industrial Property Act, and the Anti-Counterfeit Act, each dealing with trademarks, patents, and copyrights.
At P.A. Osino & Co. Advocates, we provide legal services that are instrumental in IP protection. By promoting innovation, creativity, and economic growth in Kenya through registration, we help our clients avoid potential revenue loss, reputation damage, and legal action that could arise from not having comprehensive protection under the relevant laws and regulations.
Tax Law
Various statutes, including the Income Tax Act, Value Added Tax Act, and Excise Duty Act, among others, govern tax law in Kenya. These laws outline the obligations, rights, and responsibilities of taxpayers. Income tax is levied on individuals, partnerships, corporations, and companies based on their taxable income, while value-added tax (VAT) is imposed on the supply of goods and services. Excise duty is charged on specific goods manufactured or imported into Kenya. Compliance with tax laws is mandatory, and failure to adhere to these regulations may result in penalties or legal consequences. Contact us at P.A. Osino & Co. Advocates to obtain elaborate legal services as we work in partnership with accounting and auditing firms to guide you through the process that will ensure your best interests are always considered at all stages for the smooth inception and running of business activities in Kenya.
If you have any questions, get in touch today for a virtual meeting
Public Interest Litigation
Public interest litigation (PIL) is a legal tool that not only advances the interests of the general public but also empowers individuals and organizations to promote social justice. PIL allows them to bring legal action on behalf of the public, even if they are not directly affected by the issue in question, thereby giving them a voice and influence in the legal system.
In Kenya, PIL has been used to challenge both the County and National government policies and actions that are deemed to be unconstitutional, illegal, or against the public interest. PIL cases have been brought on a range of issues, including human rights, pollution and environmental protection, and access to healthcare and education.
PIL plays an important role in promoting transparency, accountability, and good governance in Kenya. It provides a means for individuals and organizations to hold the government and other powerful institutions accountable for their actions and to advocate for positive change.
Overall, PIL is a powerful tool for advancing the public interest and promoting social justice in Kenya. It allows individuals and organizations to use the legal system to address systemic issues and ensure that the rights and interests of the public are protected for the betterment of society. At P.A.Osino &Co Advocates, we offer legal services to challenge those actions and seek compensation where necessary to ensure compliance with the Constitutional and Statutory provisions
Contract Law
We are specialists in the contract laws of Kenya, which are governed by the Law of Contract Act, which provides the legal framework for the formation, interpretation, and enforcement of contracts. The Act defines a contract as an agreement enforceable by law and sets out the requirements for a valid contract, including offer, acceptance, consideration, and intention to create legal relations. The Act also provides for the discharge of contracts and the remedies available in the event of a breach of contract. Overall, the Law of Contract Act provides a clear and comprehensive framework for the formation and enforcement of contracts in Kenya.
If you intend to enter into agreements and registration processes, kindly contact us at P.A. Osino and Co Advocates, where legal experts will ensure that proper legal advice is provided before entering into any contract and that the agreements drawn are watertight and registered. In case of a breach, we shall offer sound legal advice on the best route to resolve the dispute, including alternative dispute resolution such as mediation and arbitration, while protecting our client’s interest at all times. We also handle disputes filed in court , including appeals and execution processes, to minimize the loss and damage incurred and ensure that your business continues to run in Kenya.
Get in touch for a chat to see your circumstances and where we can assist you.
Corporate & Social Responsibility
Corporate social responsibility (CSR) in Kenya refers to the voluntary actions taken by companies to promote social and environmental sustainability and contribute to the well-being of the communities in which they operate. CSR initiatives in Kenya typically focus on areas such as education, healthcare, sports, environmental sustainability, and poverty reduction. Kenya’s companies increasingly recognize the importance of CSR in promoting long-term business success and positive community relations. Companies can enhance their reputation by engaging in CSR activities, building strong relationships with stakeholders, and contributing to sustainable development. Overall, CSR is an essential aspect of corporate culture in Kenya, and companies are encouraged to prioritize their social and environmental responsibilities alongside their business objectives.
At P.A. Osino, we offer legal services in the preparation and creation of brands. We work with local communities and their leadership to create sustainable opportunities for society and ensure that the company operates smoothly while society also benefits. We also create a legal framework for running these activities to encourage cooperation and sustainable growth to create a conducive environment for conducting business in Kenya.
Banking Law
The banking industry in Kenya is governed by the Companies Act, the Banking Act, the Central Bank of Kenya Act, and the various prudential guidelines issued by the Central Bank of Kenya, which sets out the legal framework for the regulation and supervision of banks and other financial institutions in the country. The Acts regulate the licensing and operations of banks, the supervision of banking activities, and the protection of depositors’ funds. They also set out the requirements for maintaining adequate capital reserves and the reporting and disclosure obligations of banks. The Central Bank of Kenya is responsible for the implementation and enforcement of the Banking Act and other related regulations. Overall, the Banking Act provides a robust regulatory framework for the banking sector in Kenya, which is critical for ensuring the stability and integrity of the financial system and protecting the interests of consumers.
At P.A. Osino, we bring our extensive expertise to the table, offering legal services on the requirements for the creation and establishment of Bank accounts in Kenya, maintenance of these accounts, and advice on legal issues arising from fraud. With our long experience, we provide legal advice on the best banking practices and enlighten you on rules and regulations on banking activities, all customised to meet our clients’ expectations.
Bankruptcy Law
The Insolvency Act,2015 and its Regulations form the backbone of bankruptcy law in Kenya. They outline the procedures for initiating bankruptcy proceedings, the roles of the courts and insolvency practitioners, and the rights and obligations of debtors and creditors. The Act’s main goal is to provide a fair and orderly process for resolving financial distress while offering alternative forms of debt relief. In essence, the Insolvency Act is a crucial tool for managing financial distress and promoting economic stability in Kenya.
At P.A. Osino, we offer legal services on bankruptcy for the court process from its inception to finalization, making it possible for the recovery or rescue of the companies with the full participation of creditors by factoring in both the financial and economic crisis and coming up with the best-customized solutions based on the circumstances of each case. We draft agreements to protect and cushion the company from adverse measures experienced during harsh economic times. We offer alternative dispute resolution mechanisms to resolve bankruptcy proceedings filed in court to ensure that the company and individuals can reschedule their debts based on the facts of each case.
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