Insight type: Article

Arbitration is a preferred dispute resolution mechanism in Kenya, valued for its efficiency, confidentiality, and flexibility. However, corruption poses significant challenges in this landscape. As the fight against corruption intensifies across all business stages, allegations increasingly surface in commercial disputes and arbitration proceedings. These claims may arise as strategic tactics, excuses for avoiding obligations, or genuine efforts to address irregularities and misconduct.

Partners Aisha Abdallah and Abbas Esmail and Senior Associate Odhiambo Obonyo spoke to Navacelle Law to highlight how allegations of corruption impact arbitral jurisdiction, the validity of awards, and the role of courts in Kenya.

As governments and organisations increasingly recognise the impact of human activities on global warming, it has become imperative to prioritise climate concerns and address the climate crisis that threatens communities, economies, agriculture, food, and water supply. Addressing this challenge requires substantial financing, which led to the creation of a new class of securities that are credible and attractive to both institutional investors and environmental organisations.

The Nigerian energy sector is in the midst of significant transformation, with wide-ranging activities across oil, gas, electricity, and renewable energy. Key drivers of this shift include regulatory reforms, international divestments, gas sector investments, and efforts to modernise the electricity market. International Oil Companies (IOCs) are divesting from Nigerian onshore assets, creating new opportunities for local and regional players. Simultaneously, Nigeria’s gas sector is seeing increased investment through major infrastructure projects.

Arbitration remains the most preferred method of resolving commercial disputes in Africa. While Africa has a substantial number of arbitral institutions, it is ordinarily expected that Africa-related disputes would be resolved within the continent to enhance the growth of arbitration and build trust in these institutions.

Africa’s foreign exchange (FX) landscape is a complex yet evolving domain, marked by significant challenges and notable progress. While the continent lags behind other developing regions in financial development indicators, it has made strides in integrating with the global economy and enhancing the resilience of its domestic capital markets. However, issues such as hyperinflation, currency volatility, and foreign exchange scarcity continue to pose substantial hurdles, necessitating innovative solutions and collaborative efforts to navigate these persistent financial challenges.

The number of data protection laws in Africa has more than doubled in the last decade, and a third of these laws were passed in just the last five years. Kenya, Uganda, and Tanzania have each adopted data protection legislative frameworks modelled on the European Union’s General Data Protection Regulation (GDPR) and have each set up regulatory authorities to drive compliance and enforcement.

Understanding the specific data protection frameworks in Kenya, Uganda, and Tanzania is critical to ensuring compliance and minimising risks in East Africa. This article summarises the key aspects of the data protection laws in these three countries, focusing on compliance requirements, regulatory authorities, and cross-border data transfer guidelines.

On 15 March 2024, the Council of the EU approved the final text of the EU Sustainability Due Diligence Directive (the Directive). The Directive requires EU member states to introduce mandatory obligations for qualifying EU and non-EU companies to integrate environmental and human rights due diligence into their global operations and value chains. The Directive also requires the integration of riskbased due diligence into the activities of all.