Law

What follows is a Detailed Article on Digital Service Tax in Kenya that was introduced through the Finance Bill, 2020 and announced to the public during the 2020/2021 Budget reading.  National Treasury 2020 Budget Statement   While reading the Kenya Budget 2020/2021 in parliament, National Treasury CS Ukur Yatani indicated that many business transactions are being carried out online in Kenya but it is becoming increasingly difficult to tax income derived through such platforms. Therefore, the need to introduce digital service tax on the value of the transaction at the rate of 1.5% arose.  Finance Bill, 2020  The Finance Bill,… Read More »

White Collar Crime in Kenya: The term white collar crime refers to financial criminal dealings or insider dealings committed by persons at management level. Crimes in the corporate world are hardly reported in order to preserve the name or brand of renowned corporations. In fact, many people get away with these sorts of crimes owing to dormant legislation or reluctance by authorities to prosecute them. Some of the popular white collar crimes in Kenya include cyber crime, money laundering, procurement offences, drug trafficking, human trafficking, organ trafficking, and banking frauds. Organs for Fighting White Collar Crime The main organs fighting… Read More »

Understanding the law on The Law on Manslaughter in Kenya: There is a big difference between murder and manslaughter. The main distinguishing factor between both of these offenses is the presence and absence of malice aforethought. Malice aforethought determines the rights of the accused in terms of which court will hear their case, whether they will be sentenced to life imprisonment, their right to post bail, and their right to an attorney. Here is a look at what the Kenyan law says about manslaughter. Murder Versus Manslaughter To be able to define manslaughter, you need to understand what murder is.… Read More »

Get to know of the requirements and process of filing for Bankruptcy in Kenya under the Insolvency Act. When a person makes a claim of bankruptcy, their main intention is to get a break from creditors who are harassing them. In some cases, the debtor gets a total relief from their debts while in other cases, they are afforded some time to pay their creditors upon a settled upon arrangement. Here is the procedure for filing for bankruptcy in Kenya. Processing of filing for bankruptcy in Kenya The first step in filing for bankruptcy is where either the creditor or… Read More »

The law on double jeopardy in Kenya protects people for being tried twice for the same offense. Section 50 (2) of the constitution emphasizes on the importance of a fair trial for every accused person. Section 50 (2) also states that no one should be charged for an offense in respect of an omission or act for which the accused was already convicted or acquitted. Below is a look at the implications of the law on double jeopardy. The legal Latin phrase, “nemo debet bis vexari pro ura et eadem causa” means that no one shall be punished twice for… Read More »

One of the most serious robbery classifications is robbery with violence. Here is a brief look at robbery with violence offense penalty laws and sentence. What Constitutes a Crime of Robbery in Kenya? Robbery involves taking another person’s property, in their presence, and by intimidation, violence, or threat. For an offense to qualify as robbery there must be intent to deprive the victim of their property permanently. Robbery is distinguished from larceny in the sense that the theft involves the use of intimidation and force. Violence must be part of the theft for an offense to be considered robbery. If… Read More »