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The Draft Kenya Space Bill, 2024
The following are our views on the draft Kenya Space Bill, 2024:- 1. Definition of outer space (section 2) The definitio..
High Court reiterates the importance of pleadings and evidence
Summary In the case of Adam Kahindi vs. Sailesh Jadavji Rabadia (unreported) HCCA no. 123 of 2023, the High Court of Kenya (the Court) set asid..
High Court affirms that claimants must prove their claims
Summary In the case of Matthew Hippolity Lyamula trading as Glomally Investments Ltd. vs. Kenya Power and Lighting Ltd. (Civil Appeal E029 of 2..
High Court reaffirms its stand on the law of limitation
Summary In the case of Eric Godwin Mwadime trading as Mwadime Enterprises vs. Kenya Power and Lighting Ltd. and another (unreported) High Court..
The Hong Kong Convention is closer to coming into force
The International Maritime Organization reports on its website that the Marshal Islands has become a party to the Hong Kong International Convention f..
Court of Appeal refuses, for the time being, to reinstate the Housing Levy
Introduction In the case of the National Assembly vs Okiya Omtata and ors, which was consolidated with various other matters the?Court ..
The International Court of Justice issues provisional measures against Israel
Summary On the 26th of January, 2024, the International Court of Justice (the Court) issued provisional orders against the State of Isr..
Monthly wage for seafarers set to increase with effect from 1st January, 2024
By virtue of a past resolution by a subcommittee of the Joint Maritime Commission (JMC) of the International Labour Organization (ILO), the minimum mo..
United Nations Convention on the International Effects of Judicial Sales of Ships
The United Nations General Assembly adopted the United Nations Convention on the International Effects of Judicial Sales of Ships (the Ship Sales Conv..
The Fisheries Management and Development Bill, 2023
The Fisheries Management and Development Bill, 2023 (the Bill) is intended to be an Act of Parliament to provide for the conservation, management and ..
The Care and Protection of Child Parents Bill, 2023
The Care and Protection of Child Parents Bill, 2023 aims to provide a framework for the care and protection of expectant children and child parents in..
The principles for review at the Employment and Labour Relations Court
The decision made by Hon. Justice Byram Ongaya of the Employment and Labour Relations Court is clear and concise. The court dismissed the application ..
The need to properly plead and prove vicarious liability
In its judgment in civil appeal case (HCCA NO. E007 of 2020), the High Court of Kenya, at Mombasa heard an appeal by the appellant, Samuel Kinyanjui a..
The Parliamentary Powers and Privileges Amendment Bill, 2022
The Parliamentary Powers and Privileges Amendment Bill (the Bill) proposes to do three things: 1. Delete section 7 of the Parliamentary..
The Court of Appeal Orders a Stay of Proceedings in an admiralty matter before the High Court
SUMMARY The Court of Appeal allowed a stay pending an intended appeal from a decision of the High Court refusing to allow Starryway Tra..
Supreme Court delivers its ruling on the Building Bridges Initiative case
The Supreme Court has just delivered its ruling on the Building Bridges Initiative (BBI) case. The important issues delineated by the court were wheth..
Sixteen abandoned seafarers get reprieve in Kenya
Sixteen seafarers (the claimants) from South Korea, Indonesia and Vietnam were engaged upon a Kenyan registered fishing vessel, the FV RA Horakhty (th..
Courts have no jurisdiction where the cause of action arose in a foreign nation
Summary In this rather interesting case, the High Court quashed the decision of the Mombasa Magistrate Court in which the said magistrate court..
When Can a County Government Charge for Services?
Introduction In Base Titanium Ltd vs the County Government of Mombasa and the Attorney General, the Supreme Court found that a cess of ..
Stranded Syrian crew may be leaving for home soon
The crew of the MV Jinan, i.e. the Syrian nationals who had been stranded aboard the vessel, may now finally be going home in a few days. This was aft..
The United Kingdom Supreme Court Clarifies on the Collision Regulations
INTRODUCTION In the first collision appeal to come before the Supreme Court of the United Kingdom (UK), and nearly 50 years after a collision a..
Supreme Court Clarifies on Innovative Reliefs and Position of International Law
Mitu-Bell Welfare Society, a society registered under the provisions of the Societies Act Cap 108 (the appellants) comprising of residents of Mitumba ..
State Has no Immunity with Respect to Salvage Claims
Summary South Africa’s claims of state immunity in respect of a cargo of silver bars (current value: £32 million) was resisted in Arg..
Amendments to Acts of Parliament
President Uhuru Kenyatta has signed into law the Sectional Properties and Statute Law (Miscellaneous Amendments) bills. The new Section..
IMO’s Maritime Safety Committee Addresses Crew Change Crisis
The COVID-19 pandemic has brought about an unprecedented scenario in the way humanity handles matters. The maritime industry has not been spared of th..
IBC and MARPOL Annex II changes required ahead of 1 January 2021
Amendments to the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code) and International Con..
A Tax-payer Must Deduct and Remit Withholding Tax on a Payment Made to a Non-resident
Summary The Court of Appeal in Kenya Revenue Authority & another v Republic, ex parte Kenya Nut Company Limited [2020] eKLR held that with..
The Court of Appeal declares that the SGR project was conducted illegally
Summary In Okiya Omtata and another vs the Attorney-General and others consolidated with the Law Society of Kenya vs the Attorney-General and ..
Amendments by the Tax Amendment Act to the Income Tax Act
The Tax Amendment Act, 2020 was assented to by HE the President on the 25th of April, 2020. The amendments to the Income Tax Act came into effect on t..
Requirements in A Bill of Lading for Presenting a Claim Must be Strictly Construed
Summary The High Court in the United Kingdom allowed the appeal of Tricon Energy Ltd (the Charterer) on a question of law under section 69 of ..
Global Limitation of Liability as it Relates to Kenya
A. Introduction The Convention on the Limitation of Liability for Maritime Claims, 1976 (the Limitation Convention, 1976) was preceded ..
The Gains and Profits of a Long-Term Insurance Business as related to Tax
Summary In Kenindia Assurance Company Limited v Commissioner of Domestic Taxes [2020] eKLR the High Court of Kenya (the High Court) found that..
The Supreme Court Describes what Bodies Constitute State Organs
Summary In Council of Governors v Attorney General & 7 others [2019] eKLR, the Supreme Court of Kenya had occasion to decide on wha..
Whether Tribunals are Bound by Their Previous Decisions
Summary In SGS Kenya Limited v Energy Regulatory Commission & 2 others [2020] eKLR, the Supreme Court of Kenya had occasion to deci..
The Ongoing WIBA Saga is Finally Resolved by the Supreme Court
Summary The Supreme Court has finally put to rest the hullaballoo about the Work Injury Benefits Act, 2008 (WIBA). In a unanimous decis..
High Court Declares Unconstitutional Amendments to the Merchant Shipping Act, 2009
The High Court of Kenya sitting at Mombasa declared amendments to the Merchant Shipping Act, 2009, unconstitutional, null and void. The amendments wer..
The High Court Orders a Retrial of a Civil Case
Summary The High Court of Kenya, in an appeal filed in the case of Joseph Ndungu vs Nathaniel Mwambonje and others Malindi HCCA No. 23 ..
The High Court Determines the First Challenge to COVID-19 Measures Taken by the Government of Kenya
Summary In the case of the Law Society of Kenya vs the Attorney General and others HCCP No. 120 of 2020 (COVID 025), the High Court of ..
Whether a Safe Port Clause in the Industry’s ASBATANKVOY Form Constitutes a Warranty of Safety
Summary On Monday 30th March 2020, the Supreme Court of the United States of America found in favour of the owner of a Tsakos managed s..
When the Exception of Inherent Vice Can be Invoked
Summary Where cargo had been shipped in apparent good order and condition but discharged damaged, the carrier bore the legal burden of ..
Passenger Claims and Limitation of Liability
Kenya should consider the accession of the Athens Convention Relating to the Carriage of Passengers and Their Luggage by Sea (PAL) as Amended by the P..
The Legal Entitlement by an Auctioneer to Fees
Summary In a relatively old case between the National Industrial Credit Bank Ltd (the Bank) and S.K. Ndegwa (the auctioneer) there was ..
The 2014 Amendments to the Maritime Labour Convention, 2006 in Relation to Kenya
The Maritime Labour Convention, 2006 (MLC) came into force internationally on the 20th of August, 2013 and was acceded to by Kenya on the 31st of July..
The Continuing saga of the Work Injury Benefits Act
Summary In Juma Nyamawi Ndungo and ors. vs. the Attorney General [2019] eKLR, the High Court of Kenya speaking through the Honourable Mr. Ogola..
High Court Orders the Sale of a Vessel to Recover the Repair Costs of the Vessel
Summary In the case of the owners of the vessel Midsummer vs. Southern Engineering Co. Ltd., the High Court of Kenya dismissed a claim by the c..
IMO issues guidelines on Fatigue
Fatigue is a hazard because it may affect a seafarer’s ability to do their job effectively and safely. Importantly, fatigue affects everyone re..
BIMCO Publishes Two Sulphur Content Related Bunker Clauses
BIMCO 2020 Marine Sulphur Content Clause for Time Charter Parties BIMCO 2020 Fuel Transition Clause for Time Charter Parties. The 2020 M..
Claimants Arresting Ships and Cross-Undertakings in Damages
The appeal was brought by a vessel owner against a decision of Teare J., who had dismissed the owners application to have its vessel released from arr..
Cargo Liquefaction on Bulk carriers
According to Dennis Bryant, a maritime consultant in the United States, a shocking number of bulk carriers (as well as a few OBOs ore/bulk/oil carrie..
Inclusion of the Senate in the treaty ratification process
The Treaty Making and Ratification (Amendment) Bill, 2018 (the Bill) has been introduced in the Senate, and the Bill seeks to amend the Treaty Making ..
Departure from contract voyage is a fundamental breach
The English Commercial Court in the case Dera Commercial Estate v Derya Inc (The SUR) decided that, despite the subsequent abandonment of the concept ..
ISO 45001 - Occupational health and safety
Over 7 600 people die each day from work-related accidents or diseases - thats over 2.78 million every year*. The burden of occupational injuries and ..
Port State Control CIC on MARPOL Annex VI (Air pollution) from 1 Sept to 30 Nov 2018
The Maritime Authorities of the Tokyo and the Paris Memoranda of Understanding (MoU) on Port State Control will launch a joint Concentrated Inspection..
The High Court stays the implementation of the Work Injury Benefits Act
In an interesting twist, the High Court of Kenya has issued a conservatory order in the form of a stay order staying the operation of the provisions o..
Job Evaluation for the Clerks of the County Assemblies
In what may be seen as a blow to the implementation of the Job Evaluation for the Public Sector, as far as clerks of the county assemblies are concern..
Is the Bunker Supplier the Owner of Maritime Liens in the US?
The U.S. Court of Appeals for the Second Circuit became the latest U.S. court to hold that a maritime lien for a bunker supply belongs to the bunker t..
Transparency, verifiability and accountability in elections
The Court of appeal of Kenya today nullified the election of Governor Alfred Mutua. The appeal was prompted by Ms. Wavinya Ndeti, (the appellant) who ..
The return of the Work Injury Benefits Act
In a rather interesting decision the Court of Appeal of Kenya, in the Attorney-General vs. the Law Society of Kenya and another, upheld most of the pr..
LITASCO Clauses as Incorporated Into the EXXONMOBILVOY 2005 Form of a Charterparty
In Lukoil Asia Pacific Pte Ltd v Ocean Tankers Pte Ltd (The Ocean Neptune), an appeal from a Partial Final Award issued by LMAA arbitrators, the High ..
The Computer Misuse and Cybercrimes Act
Parliament recently enacted the Computer Misuse and Cybercrimes Act, 2018 which the President has signed to law. However, barely had the President's i..
Recognition of Foreign Judicial Sale of Ships
There is currently no international instrument that addresses the recognition of judicial sale of ships, or is there any instrument that adequately pr..
Kenya Coast Guard Service Bill
The Kenya Coast Guard Service Bill, 2017 (the Bill) has been published as National Assembly Bill No 45 of 2017. The Bill went through the 14th of Febr..
Constitutionality of Amendments to the Auctioneers Act
The High Court of Kenya found in Josephat Musila Mutua & 9 others v Attorney General & 3 others that the new amendments to the Auctioneers Act..