Articles by Nigel Shaw
Kenya’s Trust Administration Act, 2026 Officially Takes Effect
E ENS More ENS is an independent law firm with over 200 years of experience. The firm has over 600 practitioners in 14 offices on the continent, in Ghana, Mauritius, Namibia, Rwanda, South Africa, Tanzania and Uganda. Kenya's Trust Administration Act, 2026 introduces a new framework for trusts with requirements for registration, beneficial ownership transparency, trustee duties and compliance obligations.
Modernising Trusts In Kenya: Key Features Of The Trust Administration Bill, 2025
E ENS More ENS is an independent law firm with over 200 years of experience. The firm has over 600 practitioners in 14 offices on the continent, in Ghana, Mauritius, Namibia, Rwanda, South Africa, Tanzania and Uganda. Trusts have long occupied a convenient place in Kenya's social and commercial landscape. The Trust Administration Bill, 2025 (the "Bill"), currently open for public comment... Kenya Corporate/Commercial Law
Secure Your Collaterals: Key Takeaways From The Kenya's High Court Decision On Loan Securities
The High Court of Kenya (the "court") recently issued a judgment in the case of Commercial International Bank (CIB) Kenya Ltd (the "Bank") v Azofco General Merchants Limited (the "Borrower"). This judgment has major implications for lenders in Kenya as it sets a precedent for thorough due diligence on titles presented by borrowers as security for loans.
Secure your collaterals: Key takeaways from the Kenya’s High Court decision on loan securities
The High Court of Kenya (the “court”) recently issued a judgment in the case of Commercial International Bank (CIB) Kenya Ltd (the “Bank”) v Azofco General Merchants Limited (the “Borrower”). This judgment has major implications for lenders in Kenya as it sets a precedent for thorough due diligence on titles presented by borrowers as security for loans.
The Statute Law (Miscellaneous Amendments) (No. 2) Bill, 2023 Signed Into Law: Anticipated Key Changes To Various Laws
The Statute Law (Miscellaneous Amendments) (No. 2) Bill, 2023 ("Amendment Bill") was assented into law on 24 April 2024 and came into force on 26 April 2024 upon gazettement in the Kenya Gazette. The Statute Law (Miscellaneous Amendments) Act, 2024 ("Amendment Act") introduces changes to 16 statutes.
Kenya: The Statute Law (Miscellaneous Amendments) (No. 2) Bill, 2023 signed into law: anticipated key changes to various laws
The Statute Law (Miscellaneous Amendments) (No. 2) Bill, 2023 (“Amendment Bill”) was assented into law on 24 April 2024 and came into force on 26 April 2024 upon gazettement in the Kenya Gazette. The Statute Law (Miscellaneous Amendments) Act, 2024 (“Amendment Act”) introduces changes to 16 statutes.
Kenya's Proposed Land Transaction Fee Revisions
The Government of Kenya intends to increase the fees payable for various land transactions. The primary objective is to amend the existing statutory instruments that govern fees payable for various categories of services offered under the Ministry of Lands. The fee adjustments are contained in Legal Notices enacted pursuant to the Statutory Instruments Act, No. 23 of 2013, and are yet to be gazetted.
Supreme Court Of Kenya Judgment: Due Diligence Crucial On Potential Property Investments
In the recent case of Torino Enterprises Limited v Attorney General (Petition 5 (E006) of 2022), the Supreme Court ("court") issued a judgment which could impact land acquisition procedures in Kenya. The court upheld its previous decision in the Dina Management case (as discussed here) affecting property investors and stakeholders in Kenya, and adds to the precedents in relation to due diligence in property transactions.
Kenya’s proposed land transaction fee revisions
The Government of Kenya intends to increase the fees payable for various land transactions. The primary objective is to amend the existing statutory instruments that govern fees payable for various categories of services offered under the Ministry of Lands. The fee adjustments are contained in Legal Notices enacted pursuant to the Statutory Instruments Act, No. 23 of 2013, and are yet to be gazetted.
Supreme Court of Kenya judgment: Due diligence crucial on potential property investments
In the recent case of Torino Enterprises Limited v Attorney General (Petition 5 (E006) of 2022), the Supreme Court (“court”) issued a judgment which could impact land acquisition procedures in Kenya. The court upheld its previous decision in the Dina Management case (as discussed here) affecting property investors and stakeholders in Kenya, and adds to the precedents in relation to due diligence in property transactions.
In Conversation With Nigel Shaw On Wakili, Quick One (Video)
Most Read: Contributor South Africa, October 2023 To print this article, all you need is to be registered or login on Mondaq.com. Explore Nigel Shaw's incredible journey and the establishment of ENS Kenya as he shares his story in an interview with Johnson Kariuki on Wakili, Quick One. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Real Estate Regulation Bill, 2023
The Real Estate Regulation Bill was gazetted on 11 September 2023 and aims to regulate real estate agents, property developers, and land-buying companies that subdivide land for sale. It aims to professionalise the real estate sector and align it with global standards by emphasising transparency, accountability, and compliance.
In conversation with Nigel Shaw on Wakili, Quick One
SUBSCRIBE | UNSUBSCRIBE Explore Nigel Shaw's incredible journey and the establishment of ENS Kenya as he shares his story in an interview with Johnson Kariuki on Wakili, Quick One.
Unbundling And Deregulating Electricity Generation In Africa - Oil, Gas & Electricity - South Africa
Our latest episode of ENSign has our experts discuss the restructuring of Africa's power sector, focusing on Kenya and South Africa. Discover insights on addressing the pressing issue of #loadshedding in SA, triggering this important conversation. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
POWER PLAY OP-ED: Unbundling Eskom, deregulating electricity — critical lessons for SA from five other African countries Original
POWER PLAY OP-ED To gain insights into the unbundling and deregulation process, it is valuable to examine the experiences of other African countries that have undertaken similar reforms. We explore some key lessons learned from Zambia, Ghana, Nigeria, Kenya and Uganda In recent years, there has been a growing recognition of the need to reform and modernise the electricity sector in Africa.
Landmark Supreme Court Of Kenya Decision: Investigate Your Property Titles
The Supreme Court of Kenya has recently handed down a ground-breaking judgment in the case of Dina Management Limited v County Government of Mombasa & 5 others (Petition No. 8 (E010) of 2021). This ruling has major implications for property investors and stakeholders in Kenya and sets a precedent in relation to due diligence in property transactions.
Landmark Supreme Court of Kenya decision: investigate your property titles
The Supreme Court of Kenya has recently handed down a ground-breaking judgment in the case of Dina Management Limited v County Government of Mombasa & 5 others (Petition No. 8 (E010) of 2021). This ruling has major implications for property investors and stakeholders in Kenya and sets a precedent in relation to due diligence in property transactions.
The Introduction Of Family Trusts Will Help Keep Wealth In Kenya
Kenya has established a new legal framework for family and non-charitable trusts to accumulate and preserve wealth for multiple generations. This means that individuals now have an opportunity to keep wealth in Kenya as opposed to establishing overseas trusts which are costly to establish and maintain. Historically, individuals have preferred to set up family trusts in offshore jurisdictions such as Jersey, Isle of Man and the British Virgin Islands, which have well-established trust laws.
The Proceeds Of Crime And Anti-Money Laundering (Amendment) Bill 2021
Kenya: The Proceeds Of Crime And Anti-Money Laundering (Amendment) Bill 2021 25 November 2021 by Nigel Shaw and Jean Makaka ENSafrica Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. The Proceeds of Crime and Anti-money Laundering Bill (the "Bill") gazetted on 03 September 2021 seeks to amend the current Proceeds of Crime and Anti-money Laundering Act, 2009 (the "Act").
WED 10 NOV (Video) - Technology - Kenya
Kenya: ENSafrica Webinar | Combating Cybercrime In Kenya | WED 10 NOV (Video) 22 November 2021 by Roy Gillespie , Nigel Shaw and Mahesh Acharya ENSafrica Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. COVID-19 continues to accelerate technology trends such as online shopping, digital payments, remote work, tele-health and online learning. Watch our webinar to find out more about what this means for you.
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