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.

Mauritius | The Finance Act 2021 Series

The Finance (Miscellaneous Provisions) Act 2021 was gazetted on 5 August 2021, and it brings into force a number of amendments to the legislation in Mauritius.

 

ALN Kenya’s Business Process Automation Series, Part I: Driving Excellence in Legal Transaction Management with Legatics

ALN Kenya | Anjarwalla & Khanna routinely acts on large multi-jurisdictional infrastructure, finance and M&A transactions involving multiple parties and large amounts of documentation that require significant operational and organisational processes to share and manage, track critical issues and the status of outstanding requests, correspondences, and progress reports. This is a complex and high-risk undertaking.

Are Power Purchase Agreements Set for Renegotiation?

Kenya’s President Uhuru Kenyatta has issued a statement on the presidential taskforce (the Taskforce) report with recommendations to review power purchase agreements (PPAs). The Taskforce was appointed in March this year to review the terms of PPAs entered into between various independent power producers and the Kenya Power and Lighting Company Limited (KPLC).

 

No Orders of Stay Granted on KRA Minimum Tax Appeal

The Court of Appeal has issued directions on the hearing of an appeal by the Kenya Revenue Authority (KRA) against the decision of the High Court of 20 September 2021, declaring minimum tax unconstitutional (the Judgment).