Kenya: High Court clarifies locus standi of foreign companies in Kenya – A departure from previous uncertainty

The High Court of Kenya has delivered a significant ruling addressing the legal capacity and standing (locus standi) of foreign companies to bring proceedings in Kenyan courts. The Court, in the case of Bruton Gold Trading LLC v Anne Atieno Amadi & Others (HCCC No. E211 of 2023) (Brutton Gold), held that a foreign company’s legal existence is established upon incorporation in its country of origin. Registration in Kenya under section 974 of the Companies Act is not a prerequisite for a foreign company to have the right to sue in Kenya. The Court dismissed preliminary objections raised by the defendants, who argued that the plaintiff, a Dubai-incorporated company, lacked standing to sue because it was not registered in Kenya.

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Africa: Comparing patent registration routes – KIPI, ARIPO and OAPI

Protecting inventions is a smart way to stay ahead of the competition and build the value of a business by investing in its Intellectual Property. One of the ways to do this is by applying for a patent. A patent gives the inventor the exclusive right to control how their invention is used and commercialised for a set period. In Kenya, for example, this protection lasts for twenty years from the date the application is filed. After that period, the patent expires, and the invention becomes publicly available.

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Kenya: Employment and Labour Relations Court clarifies when employees under fixed term contracts can rely on legitimate expectation

In 2023, we published an article discussing the Court of Appeal’s decision in Transparency International Kenya v Teresa Carlo Omondi (Civil Appeal No. 18 of 2018) [2023] where the Court held that legitimate expectation does not arise in a fixed term contract therefore the non-renewal of a fixed term contract cannot constitute unfair termination.

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