Kenya: Energy Gamble: Will Parliament’s Energy Sector Recommendations Scare Off Investors?

Over the last three years, Kenya’s energy sector has been subject to a series of reviews, each marked by a moratorium on Power Purchase Agreements (PPAs). The process began in 2021 with the Presidential Taskforce on PPAs which imposed a moratorium on new PPAs to prevent further commitments while the sector recalibrated. Next came the 2023 Senate inquiry, initiated to examine the issues raised by the Taskforce in greater detail. As part of its review, the Senate extended the moratorium. Most recently, the National Assembly imposed its moratorium on new PPAs on 20 April 2023, as part of its inquiry into the energy sector.

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Kenya: Land sales in insolvency – Court ruling empowers administrators with flexibility

In Kenya, there’s been an ongoing debate among insolvency professionals on whether administrators can sell land under a fixed charge without following the detailed sale procedures set out in the Land Act of 2012. Secured lenders (like banks) looking to sell a borrower’s land must issue several notices before being entitled to proceed with the sale. These notices give the borrower time to repay the loan before the sale can go forward. The sale price is also restricted.

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Kenya: Incidental or deliberate? The fine line over copyright infringement

The High Court of Kenya (the Court) in Nancy Chelagat Cherwon v. Hon. Martha Karua & 5 others addressed the complexities of copyright law and consent within our ever-changing digital landscape. The Court ruled that incidental use that is minor or secondary and is not intended as the main use of one’s copyright does not constitute an infringement under the Constitution of Kenya 2010 (Constitution) or the Copyright Act (Chapter 130) laws of Kenya (Copyright Act).

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