The Legal Edge

  1.      Charles Gitonga Kariuki v Akuisi Farmers Co. Ltd [1] The firm of Karanja Mbugua & Company advocates had acted for the plaintiff in a claim seeking to recover a debt of Kshs. 3 million from the defendant. The defendant’s counsel raised a preliminary objection challenging the appointment of the plaintiff’s advocates firm submitting that they had acted for the defendant in several other cases. He submitted that the defendants were apprehensive that the plaintiff’s counsel would use information acquired from the defendant to their disadvantage. The court held that it is not enough for the applicant to allege that opposing counsel acted for the defendant in several matters because the simple fact that the advocate acted for a litigant does not lead per se to a conflict of interest. The court dismissed the preliminary objection on the ground that the applicant had not tendered evidence that showed that the plaintiff’s counsel had been intimately invol...

The key aspects of the Anti-Money Laundering and Combating of Terrorism Financing Laws Act, 2023 (AML/CTF Act) in Kenya, based on the information you provided.  This act amends several existing laws to strengthen AML/CTF measures. Here's a breakdown: 1. Purpose & Scope: Preamble: The core objective is to update and improve laws related to anti-money laundering, combating terrorism financing, and proliferation financing. Amendment of Existing Laws: The Act modifies various laws governing key sectors and entities in Kenya.  This includes:     State Corporations Act     Capital Markets Act     Insurance Act     Banking Act     Central Bank of Kenya Act     Microfinance Act     Limited Liability Partnership Act     Companies Act, 2015 2. Key Changes & Implications Definition of "Beneficial Owner": The Act adopts the definition of "beneficial owner" as defined in the Companies Act, 2015. This is...

  When does the 90 day’s Statutory Notice start counting? The basic rule is that a plaintiff must  serve the  defendant  within 90 days of filing the complaint or risk dismissal of their case. The defendants must also demonstrate that they are in receipt of the documents, this is called a  return of service. It is proof to the court that the defendant knows about the case. If the chargor does not comply within 90 days after the date of service of the notice, the 90 day starts counting and  the chargee may exercise any of the following remedies:-59 sue the chargor for any money due and owing under the charge. Gazette Notice No. 3137 - Practice Directions For The Protection Of Judges, Judicial Officers, Judiciary Staff, Other Court Users And The General Public From The Risks Associated With The Global Coronavirus Pandemic Gives no specific timelines on when the days start  tickling, it only gives guidelines on Service of documents and the court pro...