The Competition Authority of Kenya has initiated amendments to the Competition Act by publishing the Competition (Amendment) Bill.
Continue readingKenya: Competition (Amendment) Bill, 2024 – A new chapter in competition law enforcement
The Kenya Green Finance Taxonomy
Kenya has set itself ambitious goals to lead the way as a champion in climate change action in the region. The country made a commitment towards a nationally determined contribution (NDC) target of abating greenhouse gas emissions by 32% by 2030. The total cost of implementing mitigation and adaptation actions in the NDC is estimated at USD 62 Billion. In order to meet the cost of the NDC target various economic sectors have a role to play, including the financial sector.
Continue readingKenya: High Court issues its decision in the abuse of buyer power case against Carrefour
In its May 2024 decision, the High Court fortified the principles of fair administrative action as provided in the Constitution of Kenya (Constitution) and the Fair Administrative Action Act (FAA Act) by overturning the decision of the Competition Tribunal (Tribunal) requiring Majid Al Futtaim Hypermarkets Limited (trading as Carrefour) (Carrefour) to amend all its supplier agreements. However, the High Court agreed with the Tribunal’s decision that Carrefour was guilty of an abuse of buyer power in relation to its dealings with its then supplier of probiotic yoghurt, Orchards Limited (Orchards).
Continue readingKenya: Insights on the Climate Change (Carbon Markets) Regulations, 2024: Key highlights
The long-anticipated Climate Change (Carbon Markets) Regulations, 2024 (the Regulations) have been officially gazetted by the Cabinet Secretary for the Ministry of Environment, Climate Change and Forestry (the Ministry) representing yet another significant milestone in the establishment of a structured framework for the implementation of carbon projects in Kenya.
Continue readingBowmans Africa Law Firm Conference 2024: Key takeaways
This article outlines some of the key takeaways from the recent Bowmans Africa Law Firm Conference held in Nairobi.
Continue readingKenya: The Public Benefit Organisations Act now operational
The Public Benefit Organisations Act, 2013 (the Act) has come into force as of 14 May 2024 (the Commencement Date) pursuant to Legal Notice No. 78 of 2024 (the Legal Notice). This marks the culmination of a lengthy process that began with the Act receiving presidential assent on 14 January 2013. Following delays in the Act’s commencement, on 31 October 2016, the High Court issued an order compelling the Cabinet Secretary for Devolution and Planning (the Cabinet Secretary) to appoint and gazette the Act’s commencement date within fourteen (14) days of the order. Subsequently, on 12 May 2017, the High Court issued a ruling reinforcing the judgement of 31 October 2016 and ordered the commencement of the Act within thirty (30) days from the date of the order. Despite these orders, the Act was not effected until the recent publication of the Legal Notice that set the Commencement Date.
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