Insights

The African continent as a whole remains heavily dependent upon fossil fuels with the likes of South Africa and Nigeria remaining over 70% dependent on non-renewables. The potential for a green transition over the coming years remains pertinent, yet a long way off.

While thermal energy continues to play a role in Kenya’s energy mix, more than 70% of installed capacity comes from renewables. Over the last five years, there has been tremendous growth in renewable energy technologies, particularly wind, solar and geothermal.

Kenya is a vibrant regional business hub for international businesses looking to penetrate the emerging markets in East and Central Africa. In recent years, many foreign companies have set up in Kenya owing to the conducive business environment catalysed by regulatory reforms, adequate infrastructure and abundant skilled human resource.

Our guide to the issues likely to impact businesses and the key measures taken by African governments in response to COVID-19.

Kenyans have been in a state of panic since the outbreak of the novel coronavirus. From a projects perspective, contractors have been a particularly worried lot, seeing as the pandemic has affected supply chains and their ability to meet their contractual obligations.

In the wake of the spread of the COVID-19 global pandemic, the real estate and loan markets in Kenya are bound to be affected. On 16 March 2020, H.E. Uhuru Kenyatta, the President of Kenya revealed that three (and now 25) patients had tested positive for the virus culminating in presidential directives towards preventing its spread to the rest of the population

In recent years, there have been a number of media reports about procurement malpractice and misuse of public funds by public officers entrusted with such duties. The reports tend to elicit a lot of public indignation and debate has often centered around who should be held accountable. On its part, the Government will argue that the institutions set up to deal with such malpractice are doing the best that they can. There are many examples of suspension or removal of implicated officials (including top officers) from office, freezing of assets and hefty fines, among others. However, this is unlikely to appease a public which is craving high profile convictions, the main complaint being that only the ‘small fish’ get netted for procurement crimes, with many of the more senior public officers seemingly walking away scot-free, or at worst, with a slap on the wrist.

The high cost of land has often been cited as one of the biggest challenges facing infrastructural development. This is particularly so, where infrastructure development is carried out in phases. Latter phases end up being hit with higher land acquisition costs due to enhanced commerce, habitation and other opportunities resulting from the earlier phases of the investment.

The Landlord and Tenant Bill 2021 (Bill) was introduced by the Majority Leader in the National Assembly, Hon. Amos Kimunya earlier in 2021 and has since been passed by the National Assembly and is currently being considered by the Senate. The Bill seeks to promote stability in the rental sector by consolidating laws governing the relationship between landlords and tenants and repealing existing laws including the Distress for Rent Act (DRA), the Rent Restriction Act (RRA) and the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (LTA).

In any country's legal system, the ability to access justice is an important part of the social contract. Public procurement law, just like any other field of law, should promote socio-economic development through the fair allocation of resources (including government purchasing). In this article, we will be looking at some of the laws regulating public procurement disputes in Kenya and explaining how some of them might be impeding the goals mentioned above.

DLA Piper Africa is pleased to announce that nine lawyers from across the continent have been recognised as Women Leaders by legal directory IFLR1000. The IFLR1000 Women Leaders rankings recognise the most prominent female lawyers working in the areas of financial and corporate transactions and contract, licensing and regulatory project work, within their jurisdictions