The Draft ESG Disclosure Manual and ESG Reporting in Kenya

As we move towards a holistic approach to evaluating companies’ performance, the environmental, social and governance (ESG) indicator has now been universally accepted as a valuable metric at gauging the non-financial performance of a company.

 

Consent Requirement for Foreigners to Transact on Beach Plots Declared Unconstitutional

In 2016, a petition was filed in court (Malindi Law Society versus the Attorney General of Kenya & Another (Petition No. 19 of 2016)) challenging the provisions of section 12A of the Land Act which made it mandatory for foreigners seeking to own first and second-row beach plots in Kenya to obtain consent from the Cabinet Secretary for Lands and Physical Planning. The court issued a conservatory order that barred the implementation of section 12A in 2016 pending the full hearing and determination of the Petition.

 

 

Proposed Approach to PPA Renegotiation

At the end of September 2021, Kenyan President Uhuru Kenyatta issued a statement on the presidential taskforce appointed to, among other things, review the power purchase agreements (PPAs) entered into between the State-owned off-taker, Kenya Power & Lighting Company (KPLC) and independent power producers.

 

UAE Personal Data Protection Law

The United Arab Emirates’ (UAE) two financial free zones, the Dubai International Financial Centre (DIFC) and Abu Dhabi Global Market (ADGM), have data protection laws in place (largely inspired by the European Union’s General Data Protection Regulation (GDPR), however until recently there was no comprehensive data protection law at the UAE federal level and persons impacted by data breaches or misuse of personal data had to rely on certain restricted provisions set out in the UAE’s Constitution, Penal Code and Cyber Crime Law.