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Administrative Law

  • Overview
  • Experience

The substance of the law in Kenya is contained within various acts of parliament. However, as time passes and circumstances change, it is necessary to amend the rules and regulations under these acts in order to stay relevant. 

Our extensive experience in drafting various pieces of legislation includes the rules under the Capital Markets Authority Act. We also contribute to the Law Society of Kenya on the continuous improvement of the practice of law in the country.

Experience has included advising:

  • The Capital Markets Authority (CMA), in a project funded by the United Nations Development Programme (UNDP), for the drafting and perfecting of the CMA registered venture capital companies regulations, 2006.
  • A financial services conglomerate in a constitutional petition arising from the Kenyan Government’s reversal of a tax exemption previously granted in connection with a major corporate merger.
  • Kenya’s largest telecommunications company in a constitutional petition concerning the provision of internet services in Kenya. The claim arises from a letter the company issued to the Communications Authority of Kenya (CA) regarding the licensing of satellite internet service providers in Kenya. The letter was prompted by the entry of Starlink Satellites, operated by the US-based company SpaceX, into the Kenyan market.
  • A leading beverage company in a claim against another beverage company for the unauthorised and unlawful use of its trademark on their beverage bottles.  
  • An energy and technology company in the Commercial Division of the High Court in an appeal challenging a decision of the Tax Appeals Tribunal (TAT) against a tax assessment by the Kenya Revenue Authority (KRA) ) in the sum of approximately USD 13,668,993.02 for the period 2014 to 2016.
  • A manufacturing company at the Court of Appeal in respect of an appeal filed by the company against the Kenya Revenue Authority (KRA) in relation to KRA’s assessment of approximately USD 4,005,842.59 arising out of tax arrears for the company’s exports, that were allegedly dumped in the local market.
  • A leading bank in two separate appeals filed in the High Court challenging the assessment of withholding tax amounting to approximately USD7,777,564.30, inclusive of penalties and interest.
  • 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 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.