This Legislative Update covers certain recent key developments in legislation in Kenya as at 31 October 2025. The developments we have highlighted in this edition include framework for developing, implementing, and reviewing Kenya’s integrated national energy plan, framework governing collection of taxes and duties, enhanced regulatory measures on telecommunication services, imposition of new standards levy on manufacturers, standardized licensing framework procedures within counties, structured framework for the licensing of petroleum businesses, revised electronic travel authorisation requirements, regulation of petroleum products transportation, framework governing the licensing of construction and modification of petroleum logistics facilities, data reporting requirements in petroleum sector, and regulation of construction, licensing, and operation of petroleum retail dispensing sites in Kenya.
Our litigation lawyers in Kenya are skilled in litigation and other forms of alternative dispute resolution including arbitration and mediation.
We give careful consideration to the commercial objectives of clients by carrying out an evaluation of both the legal and reputational risks of each case and seeking the best dispute resolution strategy and approach for the transaction.
In an environment where regulation and its enforcement will only increase, we recognize that effective compliance and avoidance of regulatory intervention are critical for our clients’ businesses.
We have the local knowledge to advise on a wide range of regulatory issues and develop case strategies, including technically challenging or complex multi-jurisdictional matters.
Our partners are routinely appointed as arbitrators and, supported by the firm’s associates, are retained in high-profile cases by both multinational and local blue-chip companies as well as the Kenyan government and various state entities.
Our capabilities include:
- Administrative law
- Antitrust and competition
- Aviation litigation and regulation
- Banking and finance litigation
- Construction and infrastructure disputes
- Corporate and securities litigation
- Cross-border dispute resolution
- Financial services regulatory
- Governance and compliance
- Insurance and reinsurance disputes
- International arbitration
- IT and telecoms disputes
Find out more about our dispute resolution practice here.
Experience has included advising:
- The Republic of Kenya in multi-billion investment arbitration proceedings filed by Cortec Mining Kenya Limited at the International Centre for Settlement of Investment Disputes (ICSID
- A leading betting company in relation to a Petition and applications challenging agency notices issued by the Kenya Revenue Authority to the company’s bankers and a telecommunication company demanding payment of a colossal sum of Kshs. 8,674,387,818.00 (approximately US$ 80.5 Million) being purported withholding tax on winnings of punters (players) for the years of income 2015 and 2016.
- A leading beverage manufacturer at the Supreme Court of Kenya in a dispute over distribution of beverages by Kenya’s leading beer manufacturer. The indicated value of the business under controversy is about USD 30 million.
- The Independent Electoral and Boundaries Commission ( IEBC) and its Chairman before the Supreme Court of Kenya in the Petitions that resulted from the March 2013, August, 2017 and October 2017 Presidential Elections where various Petitioners had sought to challenge the presidential election results as announced by the IEBC
- A leading bank in a dispute over the realization of assets. The suit has made its way to the Supreme Court. The amount in dispute is in excess of USD 14 Million.
- The office of the Attorney General of the Republic of Kenya in relation to a constitutional petition challenging Presidential and Ministerial appointments of Chairpersons and Members to various parastatal boards.
- A company in a Judicial Review application seeking to stop Kenya Revenue Authority (KRA) from using the criminal process against its Directors on account of a tax dispute which is yet to be determined in accordance with the Tax Procedures Act.
- A leading hotel in arbitration proceedings filed by a contractor in which the Contractor is alleging breach the terms of the construction agreement and the hotel has mounted a counterclaim. The sums in dispute exceed US$ 10 Million.
- A consultancy company in an application for Judicial Review orders seeking to quash assessment and agency notices issued by the Kenya Revenue Authority against the company for sums in excess of US$ 1,000,000.
- Trustees and executors of a high net worth estate in relation to litigation arising from the management and administration of the estate and assets in terms of the instrument establishing the trust.
- A leading bank in relation to a claim by a State Corporation arising from an Advance Payment Guarantee issued by the Bank in respect of an energy sector project. The value of the subject matter is in excess of USD 14 Million.
- Ranked in Dispute Resolution & Arbitration (Chambers & Partners 2017 - 2024)
- Ranked in Dispute Resolution (The Legal 500 2017 - 2024)
- Leading Case Counsel Team of the Year (Africa Arbitration Awards 2022)
Kenya’s electoral history is one that has been marked by both triumphs and turbulence. While the country has made significant strides in entrenching democratic governance, its elections have often been overshadowed by disputes, questions of credibility, and at times, post-election instability. As the nation looks towards the 2027 General Elections, it is imperative that every tool available to strengthen transparency and integrity be deployed. Among these tools, Artificial Intelligence (AI) stands out as a frontier technology with immense potential to address the perennial challenges that have afflicted our electoral processes.
The enactment of the Conflict of Interest Act, 2025 represents a fundamental shift in Kenya’s legal and ethical architecture. Assented to on 30 July 2025 and brought into force on 19 August 2025, the Act repeals the Public Officer Ethics Act and establishes a consolidated statutory framework to regulate and manage conflicts of interest within the public sector. While the Act is directed primarily at public officers, its implications for legal practitioners are significant, given the frequency with which advocates interact with public institutions and officers in the discharge of their professional duties.
The Government’s recent embrace of genetically modified organisms (GMOs) has sparked intense debate on the balance between agricultural innovation and potential long-term risks to health and the environment. After years of deliberation and a previous ban, the approval of GMO projects signaled a transformative moment for Kenya's agriculture sector, promising enhanced food security and modernized farming practices.
The publication provides a comprehensive overview of the latest legal developments, including the enactment of new Acts, Bills, and Regulations that have a significant impact on various sectors and businesses. As the legal landscape continues to evolve, it's crucial to stay informed about these changes and understand how they may affect your operations, compliance requirements, and strategic decisions.