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The Kenyan Supreme Court holds that Scottish Locus Inspection Orders must be Examined by the Kenyan Courts for Recognition and Enforcement in Kenya

Private International Law

January 20, 2025

12 min read

Miss Anam Abdul-Majid & Dr Chukwuma Okoli

The Kenyan Supreme Court holds that Scottish Locus Inspection Orders must be Examined by the Kenyan Courts for Recognition and Enforcement in Kenya

A landmark Supreme Court decision that extensively addresses the recognition and enforcement of foreign judgments in Kenya and the principles to be considered by Kenyan Courts.

Private International Law

The Impact of the Recent JKUAT Decision on Commercial Tenancies in Kenya

Analysis of the Supreme Court decision in Kwanza Estates Limited v JKUAT and its implications for commercial landlords, tenants, and practitioners of land law in Kenya.

Real Estate

Commercial Tenancies

When a Name Beats a Mark: High Court Favors Business Name Over Trademark in Paksons Case

Intellectual Property

December 5, 2024

10 min read

Deborah Wanjiku and Adam Kadernani

When a Name Beats a Mark: High Court Favors Business Name Over Trademark in Paksons Case

The High Court ruling in Paksons Enterprises v Kipkoech highlights the gap between business name and trademark registration in Kenya's IP landscape, demonstrating that prior use can trump later trademark registration.

Intellectual Property

Anam Abdul-Majid and Jean Beanca

Legal Pluralism on Trial: Reconciling Islamic Succession Law with Constitutional Equality in Kenya

The Supreme Court's landmark decision affirming inheritance rights for children born out of wedlock marks a defining moment for Kenya's plural legal framework, balancing religious law with constitutional equality.

Aazfar Shariff and Renee Omondi

Beyond the Deed: Lessons from The Sehmi Case

The Supreme Court's decision in Sehmi v Tarabana reaffirms that a title is only as strong as its root, requiring purchasers to look beyond the registry and investigate the lawful origin of land titles.

Real Estate

Land Law

The Threshold Dilemma: Purpose, Character, Market Effects, and Reclaiming Fair Use's Authentic Standard

Intellectual Property

February 15, 2025

15 min read

Kitonga Mulandi and Anam Abdul-Majid

The Threshold Dilemma: Purpose, Character, Market Effects, and Reclaiming Fair Use's Authentic Standard

An analysis of Kenya's judicial shift from fair dealing to fair use in copyright law, examining critical misapplications in landmark cases and their implications for intellectual property rights.

Intellectual Property

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Articles & Case Updates

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The Kenyan Supreme Court holds that Scottish Locus Inspection Orders must be Examined by the Kenyan Courts for Recognition and Enforcement in Kenya

Browse Our Content

The Kenyan Supreme Court holds that Scottish Locus Inspection Orders must be Examined by the Kenyan Courts for Recognition and Enforcement in Kenya

The Impact of the Recent JKUAT Decision on Commercial Tenancies in Kenya

When a Name Beats a Mark: High Court Favors Business Name Over Trademark in Paksons Case

Legal Pluralism on Trial: Reconciling Islamic Succession Law with Constitutional Equality in Kenya

Beyond the Deed: Lessons from The Sehmi Case

The Threshold Dilemma: Purpose, Character, Market Effects, and Reclaiming Fair Use's Authentic Standard

Stay Updated with Legal Insights