Kenya: Staff preferential interest rates or commercial lending rates – The case of ex-employees

It is not uncommon for employers to extend various benefits to their employees, including preferential or discounted interest rates for mortgages or similar financial facilities. The presumption that is then made is that upon termination of an employment contract, the employer would then convert the interest rate applicable to the facility from a preferential staff rate to a commercial lending rate. This understanding is often expressly reflected in the lending agreement, which stipulates that upon exit, commercial lending rates would apply. However, current jurisprudence suggests that it is no longer that simple.

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Kenya: Competition Authority launches fertilizer sector market inquiry

The Competition Authority of Kenya (CAK), in collaboration with the East African Community Competition Authority (EACCA), has recently indicated its intention to conduct a market inquiry into the fertilizer sector in Kenya (the Market Inquiry). Based on the gazette notice published by the CAK on 24 January 2025, the intention is to conduct an assessment in Kenya as well as across all the other EAC member states (being Tanzania, Uganda, Rwanda, Burundi, and the Democratic Republic of Congo) although no official announcement in respect of these jurisdictions has been published yet.

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Kenya: The Virtual Assets Service Providers Bill 2024

On 9 January 2025, the Cabinet Secretary for National Treasury and Economic Planning unveiled the Virtual Assets Service Provider’s Bill 2024 (‘the Bill’). This landmark legislation is currently undergoing the public participation process, marking a significant step towards regulating virtual assets (‘VAs’) and virtual asset service providers (‘VASPs’) in Kenya. The Bill aims to address the regulatory and financial risks associated with the misuse of VAs, providing a robust legislative framework to foster innovation while ensuring economic stability and consumer protection.

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Kenya: Data Privacy Day 2025 – ‘Safeguarding Personal Data to Spur Digital Transformation & Economic Development’

The world is honouring Data Privacy Day once again, and this year the Office of the Data Protection Commissioner (‘the ODPC’) in Kenya will be celebrating Data Privacy Day in Eldoret City – Kenya, under the theme of “Safeguarding Personal Data to Spur Digital Transformation and Economic Development”. This approach comes at a critical time when artificial intelligence (‘AI’) is revolutionising the world. AI adoption is now mainstream and embedded in our day-to-day activities despite initial consumer reservations and is now expanding its reach in data collection by the deployment of technologies such as voice recognition and natural language processing. AI-powered virtual assistants like Siri, Amazon Alexa, Google Assistant and Microsoft Azure Speech Services have revolutionised how AI technology is utilised worldwide making it easier, faster and more convenient for the everyday consumer to make use of sophisticated AI systems.

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