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Kaaya & Memba Law Chambers, Nairobi (2026)

02/10/2026

Buyers who discover defects in a new Kenyan property may have claims against the developer, contractor or relevant professionals, depending on the contract, the defect and who caused it.

Kenya’s National Building Code, 2024 provides standards for design, construction, inspection, maintenance and occupant safety. The Consumer Protection Act also implies a warranty that goods and services supplied under a consumer agreement are of reasonably merchantable quality. For commercial buildings, the National Construction Authority (Defects Liability) Regulations require periods for patent and latent defects.

The practical problem begins after handover. Water ingress, cracking, defective wiring, plumbing failures or poor finishes may be dismissed as “snagging”. A buyer should not be left at sixes and sevens while responsibility is passed between the developer, contractor and consultant.

Not every crack is structural, but an owner should not wait until a wall appears to bulge an inch before acting. Photograph the defect, record when it appeared, preserve the sale agreement, plans, warranties and correspondence, and notify the developer in writing.

Where the defect is substantial, technical evidence is critical. An independent engineer can determine whether the problem arose from design, workmanship, materials or maintenance. Recoiling in terror at a dramatic crack is understandable; proving causation is what matters in court or arbitration.

Recent Kenyan disputes show that poor documentation can leave parties with only a slender grasp of the facts years later. A stolid response from a developer does not extinguish legal rights.

For diaspora and international buyers, inspection should accompany legal due diligence. A glossy brochure may be as graceful as a bough, but the real questions are whether approvals exist, construction complied with Kenyan standards and the contract provides a remedy if defects emerge.

Kaaya Memba & Company Advocates advises owners and investors on construction defects, developer disputes, arbitration and property litigation in Kenya.
General information only; not legal advice.

01/10/2026

Kenya’s Trust Administration Act, 2026 has changed how trusts are created, registered, incorporated and administered. It came into force on 25 September 2026 and replaced the Trustee Act and the Trustees (Perpetual Succession) Act with a single regime.

For families, family offices and investors using Kenyan trusts, the old fragmented framework has reached the slope towards extinction. Every written trust must now be registered or incorporated with the Registrar of Trusts. Registration gives a unique identification number but does not create legal personality; incorporation remains separate.

The new law makes beneficial ownership central. Trustees must now maintain and lodge beneficial ownership information, update changes within 21 days and retain records for at least seven years. For structures created from an aversion to publicity, this is significant: privacy does not mean anonymity.

Trustees must exercise care, skill and diligence, preserve trust property and avoid unauthorised profit. Benevolent regard for beneficiaries is not enough where administration is defective.
Existing trusts survive, but they must comply with the new regime within 24 months of commencement, unless the Registrar specifies another period. Trustees should not wait to hunt with the lantern of Diogenes for missing deeds, ownership records or trustee resolutions when the deadline approaches.

The transition may be slow and tortuous for poorly documented structures. Yet compliance is not a mere figment of a poet’s fancy: annual returns, record-keeping and beneficial ownership filings now form part of trust administration.
As yet, there is no regulatory detail on forms, fees, electronic lodgement and licensing because the regulations are still awaited.

For international families, diaspora clients and private wealth advisers, Kenya now offers a clearer but more compliance-driven trust framework.
Kaaya Memba & Company Advocates advises on Kenyan family trusts, trust restructuring, succession planning, cross-border estates and compliance under the Trust Administration Act, 2026.

30/09/2026

Manchester City’s financial case is a warning that football success does not displace financial regulation. On 29 September 2026, a Premier League independent commission found the club guilty of serious financial-rule breaches over nine seasons and of most co-operation charges. Sanctions are pending, and the club has said it will appeal. Premier League

The FKF Premier League operates within the Sports Act, FKF regulations and club-licensing rules. Clubs seeking licences must submit audited financial statements, maintain a bank account, file an annual budget and disclose overdue liabilities to clubs, employees, tax authorities and football bodies.

False financial information is not a mere sting of satire. Under FKF’s licensing sanctions framework, it can trigger investigation, fines and even non-participation. A club that aspires to rule on the pitch must be equally serious about what appears in its books

Financial regulation, sporting integrity and competitive fairness are coexistent and correlative. If one club can distort its financial position while others comply, the league risks a Hobson’s choice between tolerating unfair advantage and imposing disruptive sanctions.

Kenyan clubs should not wait until regulators come knocking, recoiling in terror at incomplete accounts, unpaid salaries or questionable sponsorships. Strong governance requires independent audits, documented agreements, timely payment of players and taxes, and honest disclosure to FKF.

The Sports Act also provides a dispute framework through the Sports Disputes Tribunal, which may hear appeals against qualifying disciplinary decisions and other sports disputes within its jurisdiction.

Manchester City’s case is more than English football drama. It is a warning for Kenya’s top flight: financial rules are part of the competition itself, not paperwork remote in character from what happens on the pitch.

Kaaya Memba & Company Advocates advises clubs, investors, sponsors and sports organisations on Kenyan sports regulation, governance, contracts and disputes.

29/09/2026

An employer may have a genuine misconduct concern and still face a discrimination claim if a prohibited ground influenced the investigation, disciplinary process or dismissal.

In Kenya, these duties are coexistent and correlative. Sections 43 and 45 of the Employment Act require a valid and fair reason for termination, while section 41 requires fair procedure. Section 5 separately prohibits discrimination in employment, including on grounds such as race, s*x, pregnancy, disability, religion, ethnic or social origin and HIV status. Article 27 of the Constitution reinforces equality and freedom from discrimination.

Evidence of misconduct does not give an employer a free hand. A disciplinary process may begin with legitimate concerns yet become unlawful if stereotypes, unequal treatment or a caustic remark linked to a protected characteristic affects the outcome.

Recent Kenyan decisions underline this distinction. In Ogila v Dawa Life Sciences Limited [2025] KEELRC 1144, the Court awarded damages for discrimination alongside relief for unfair termination. In Onyando v I & M Bank [2026] KEELRC 480, the Court again treated discrimination as a distinct question and emphasised the employer’s burden under section 5(7).

An investigation conducted with a graceful demeanour may still be defective if comparable employees are treated differently or exculpatory evidence is ignored. An attempt to suppress a complaint about bias can turn an ordinary disciplinary issue into an equality dispute.

Employers should therefore separate allegation from assumption, test evidence objectively and give the employee fair opportunity to respond. A workplace should not become a place of torment merely because disciplinary power exists.
For foreign businesses operating in Kenya, global policy helps, but Kenyan law governs the local employment relationship.

Kaaya Memba & Company Advocates advises employers and international businesses on disciplinary processes, discrimination claims and employment litigation in Kenya.

General information only; not legal advice.

17/09/2026

Foreign brand owners trading in Kenya should treat counterfeit enforcement as part of market-entry strategy, not an afterthought. Kenya’s Anti-Counterfeit Act, Trade Marks Act and import-control framework provide remedies against fake goods entering or circulating in the market.

Counterfeiting is no longer confined to informal stalls. Social media, online marketplaces and cross-border distribution networks now allow fake apparel, electronics, cosmetics and branded merchandise to reach consumers quickly. For international brands, even a flicker of recognition between a genuine mark and an imitation may be enough to cause confusion and erode goodwill.

Kenya’s Anti-Counterfeit Authority may investigate suspected counterfeit trade, inspect premises and seize offending goods. The recordation framework also enables intellectual property rights connected to imported goods to be recorded for enforcement purposes.

For foreign rights holders, this creates a practical imperative. Trade mark registrations, licences, distribution agreements, import documents and product-identification material should be organised before infringement occurs.

Waiting until counterfeit stock floods the market can leave a brand with Hobson’s choice: tolerate continued dilution or commence urgent enforcement at greater cost.

Online trade presents a further challenge. Sellers may operate through shifting accounts, anonymous pages or intermediaries with an aversion to publicity. An effective strategy may therefore require coordinated takedowns, investigations, customs engagement and court action.

Where counterfeit networks attempt to suppress legitimate trade, rights holders should respond with evidence rather than assumption. In major infringement cases, the cry for enforcement can become a Macedonian cry from distributors, consumers and foreign principals alike.

Kaaya Memba & Company Advocates advises foreign brand owners, licensors and distributors on trade marks, anti-counterfeit enforcement, customs strategy and intellectual property disputes in Kenya.
General information only; not legal advice

16/09/2026

Foreign pharmaceutical, biotechnology, medical-device and digital-health investors in Kenya operate in an increasingly regulated market. When state action affects licences, market access, intellectual property or health data, the issue may move beyond compliance into investment protection or treaty arbitration.

Kenya’s life-sciences framework spans the Pharmacy and Poisons Act, Industrial Property Act, Data Protection Act and Digital Health Act. The 2025 Digital Health Regulations added rules on health-information management and data exchange. Assuming one approval settles the regulatory picture can be a fool’s paradise.

Value in life sciences is often concentrated in patents, approvals, know-how, distribution rights and data. Those interests are coexistent and correlative: a patent may be valuable only if the product can lawfully enter the Kenyan market.
Withdrawal of approvals, discriminatory treatment, compulsory licensing or state interference may affect an investment. Yet not every adverse decision is an international claim. A qualifying treaty, investor and protected investment must first exist.

Kenya is an ICSID Contracting State and has several investment treaties. Investors should review treaty protection before a dispute leaves them at sixes and sevens. Corporate nationality, investment structure and timing can determine whether international remedies are available.

Regulatory files, licences, pricing records, R&D expenditure and correspondence can become a storehouse of facts when damages are assessed. Valuing an early-stage product is difficult where approval and sales remain uncertain.

The prudent investor needs counsel ready in resource and able to act as counsellor and guide across regulation, intellectual property and dispute strategy. Waiting until a licence or patent issue becomes a Pandora’s box may narrow it.
Kaaya Memba & Company Advocates advises foreign life-sciences investors on Kenyan regulation, investment protection and international arbitration

15/09/2026

A foreign client instructing a lawyer in Kenya should verify professional status, relevant experience, strategy, file responsibility and fees before committing funds or confidential information.

Under section 9 of the Advocates Act, a person may act as an advocate only if admitted, on the Roll and holding a current practising certificate. The Law Society of Kenya’s online advocate search offers a useful first check. Recent 2026 cases have stressed the need for a current practising certificate, too. But professional status is only the beginning.

A polished biography can become a fool’s paradise if it does not translate into experience relevant to the client’s actual problem. Ask whether the lawyer has handled comparable commercial disputes, cross-border transactions, property matters, employment claims or regulatory proceedings.

A useful consultation should provide more than a storehouse of facts. The lawyer should identify the governing law, immediate risks, evidence required and the first procedural step. Good counsel should be both counsellor and guide: ready in resource, but careful not to promise results that depend on courts, regulators or counterparties.

Foreign clients should also establish who will own the file. Ask who drafts, reviews, negotiates and appears in court. An aversion to publicity is not a weakness where confidentiality is protected; a lawyer should not disclose another client’s private documents merely to prove experience.

Fees should be compared against scope, not headline figures. A lower quotation may cover fewer hearings or negotiations. We have no delusions on that score: price alone is a poor measure of legal quality.

For international clients entering Kenya, the better question is not, “Who is the most famous lawyer?” It is: “Who is properly qualified, understands this problem and can explain a credible Kenyan legal strategy?”

Kaaya Memba & Company Advocates advises foreign companies, investors and individuals on Kenyan litigation, transactions and regulatory matters.
General information only; not legal advice

14/09/2026

In Kenya, inheritance planning is not only about writing a will.

It is about ensuring that assets, beneficiaries, executors, guardians and cross-border property are organised before death creates uncertainty.

Under the Law of Succession Act, an adult of sound mind may dispose of free property by will. Without a valid will, the estate may instead be distributed under the rules of intestacy. That result may differ from what the deceased intended.

A proper estate plan should begin with an asset list. This may include land, bank accounts, shares, vehicles, insurance benefits, intellectual property and business interests. Ownership records matter. Family understanding, payment history or informal promises do not replace registered title, company records or legal documents.

Parents of minor children should also consider guardianship. Under the Children Act, 2022, a parent may appoint a guardian by will or deed to act after that parent’s death. Guardianship should be addressed alongside asset distribution.

Cross-border estates need particular care. Section 4 of the Law of Succession Act provides that succession to immovable property in Kenya is governed by Kenyan law, regardless of the deceased’s domicile. Succession to movable property is generally governed by the law of the country where the deceased was domiciled at death.

This is important for Kenyans in the diaspora and foreign nationals who own assets in Kenya. A foreign will should not simply be assumed to control every Kenyan asset. Probate and administration may still require steps in Kenya.

Business owners should also align their wills with shareholder agreements, company records and succession arrangements. Conflicting documents can delay administration and trigger disputes.

The practical question is simple: if you died today, would your family know what you owned, who should receive it, who should administer it and who should care for your children?

Kaaya Memba & Company Advocates advises Kenyan, diaspora and international clients on wills, probate, succession, guardianship and cross-border estate planning.

General information only; not legal advice.

13/09/2026

A buyer of an off-plan apartment or house in Kenya may have legal remedies where a developer delays completion, materially changes the project or fails to deliver what was agreed.

The starting point is the sale agreement and the project’s actual status.

Off-plan purchases are common in Kenya because buyers commit before construction is complete. The risk is that completion may be delayed, specifications may change or the project may stall.

A missed handover date does not automatically entitle a buyer to cancel. The agreement should first be checked for the completion date, extension or grace periods, construction milestones, force majeure clauses, refund provisions, default remedies and dispute-resolution mechanism.

The buyer should also confirm whether the developer has title to the land, planning approvals and authority to develop. Where sectional units are involved, the Sectional Properties Act, 2020 may also become relevant.

Kenyan courts have addressed failed off-plan developments. In Abdalla & another v Sheheena Enterprises Limited [2025] KEHC 9881 (KLR), purchasers who had paid KES 41 million sought recovery after the project remained incomplete years beyond the anticipated completion period.

What should a buyer do when handover is delayed?

Preserve the sale agreement, receipts, marketing material, emails, WhatsApp messages and construction updates. Obtain a written explanation from the developer and establish the construction status before withholding payments or terminating the agreement.

Depending on the contract and circumstances, remedies may include specific performance, termination, refund, damages or injunctive relief.

For foreign and diaspora buyers, due diligence should continue after signing. A buyer should know who owns the land, what approvals exist and what happens if completion never occurs.

Kaaya Memba & Company Advocates advises local, diaspora and international investors on off-plan purchases, developer disputes, refunds and property litigation in Kenya.

General information only; not legal advice.

12/09/2026

Kenyan law permits non-compete clauses, but courts may refuse to enforce restrictions that go further than reasonably necessary to protect a legitimate business interest.

The principal law is the Contracts in Restraint of Trade Act, Cap. 24. Section 2 provides that a restraint is not void merely because it restricts a person from carrying on a profession, trade, business or occupation. A court may declare it void where its duration, geographical reach or effect is unreasonable or contrary to the public interest.

A clause preventing an employee from working for “any competitor anywhere” is not strengthened merely because it is broad. The real question is: what interest is the employer protecting?

Restrictions are easier to justify where an employee had access to trade secrets, confidential pricing, strategic plans or important customer relationships.

Kenyan courts also balance business protection against an employee’s ability to earn a livelihood. In Mwaura v Taxify Kenya Limited [2023] KEELRC 1849 (KLR), the Employment and Labour Relations Court declined to enforce an open-ended restraint that effectively excluded the employee from opportunities within the industry.

Section 3 is equally important: where an employer unlawfully terminates the employee’s services contrary to the employment contract, the restraint becomes void.

Employers should avoid one-size-fits-all clauses. A well-drafted non-compete should identify the restricted activity, reasonable duration, geographical scope and legitimate business interest.

Non-competes should also sit alongside confidentiality and non-solicitation provisions, particularly for remote teams and cross-border operations.

The objective is not to eliminate competition. It is to protect a legitimate business interest without unreasonably preventing a former employee from earning a livelihood.

Kaaya Memba & Company Advocates advises employers and international businesses on restrictive covenants and employment disputes in Kenya.

General information only; not legal advice.

Kaaya & Memba Law Chambers

02/10/2026

01/10/2026

30/09/2026

29/09/2026

17/09/2026

16/09/2026

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14/09/2026

13/09/2026

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Monday	08:00 - 17:00
Tuesday	08:00 - 17:00
Wednesday	08:00 - 17:00
Thursday	08:00 - 17:00
Friday	08:00 - 17:00
Saturday	08:00 - 17:00
Sunday	08:00 - 17:00