Data from the Tanzania Investment Centre has shown that in the past few months from March to June, the country has secured 92 major investments worth USD 2.6 billion.
Insight type: Legal Alert
Various Developments at the Lands Registries
The Ministry of Lands and Physical Planning (Lands Ministry) has been spearheading various projects for slightly over a year including: the digitisation of records, geo-referencing of land parcel boundaries, conversion of titles, and national titling amongst other institutional reforms.
The Tax Appeals Tribunal Holds that Product Gains on Petroleum Products are not Subject to Additional Duties and Levies
ALN Kenya | Anjarwalla & Khanna recently represented a taxpayer before the Tax Appeals Tribunal (the Tribunal) in an appeal on whether product gains on petroleum products should be subjected to additional duties and levies.
High Court of Kenya Suspends Collection of Minimum Tax
The implementation of the Minimum Tax has been suspended, pending the hearing and determination of various petitions filed before the High Court.
The Employment (Amendment) Act, 2021 Signed into Law
On 30 March 2021, the President, H.E. Uhuru Kenyatta, signed into law the Employment (Amendment) Act, 2021 (the Act). The Act was one of 3 Employment (Amendment) Bills introduced in 2019[1], and it is the only one that has currently been passed into law. The Act came into force on 15 April 2021, following its gazettement through Kenya Gazette Supplement No. 53 (Acts No. 2).
Taxation of Professional Fees Under the Kenya-South Africa Double Tax Agreement
On 26 November 2010, the Kenyan and South African Governments entered into a Double Taxation Agreement (the DTA) whose purpose was to ensure resident persons and resident companies avoid double taxation and prevent fiscal evasion with respect to income taxes. The DTA subsequently entered in force on 1 January 2016.
Amendments to the Local Ownership Requirement for Licensees under the 2020 National ICT Policy Guidelines
In March 2021, the Ministry of Information Communication and Technology (MoICT) published amendments to the equity participation requirement contained in the National ICT Policy Guidelines, 2020 (ICT Policy) that was gazetted in August 2020 (the Amendment Notice) that are aimed at providing clarity to the initial policy.
The Presidential Task Force on the Review of Power Purchase Agreements
President Uhuru Kenyatta, through a special Gazette Notice No. 3076 published on 29 March 2021 (the Gazette Notice), appointed a taskforce primarily assigned with undertaking a comprehensive review and analysis of all power purchase agreements (PPA) entered into between various independent power producers (IPPs) and the Kenya Power and Lighting Company Limited (KPLC) (the Taskforce).
The AFCFTA Dispute Settlement Mechanism
Article 20 of the Africa Continental Free Trade Area (AfCFTA) Agreement establishes a Dispute Settlement Mechanism (the DSM) that will be administered by the Protocol on Rules and Procedures on the Settlement of Disputes (the Protocol). The Protocol entered into force on 20 May 2019 together with the AfCFTA Agreement, the Protocol on Trade in Goods, and the Protocol on Trade in Services. Notably, the wording of the Protocol borrows heavily from the World Trade Organisation (WTO) Dispute Settlement Understanding (DSU).
Committee Formed to Review and Renegotiate Power Purchase Agreements
The Cabinet Secretary for the Ministry of Energy, through Gazette Notice No. 2219 published on 12 March 2021, appointed a committee primarily assigned the review and renegotiation the existing power purchase agreements entered into between various independent power producers and the Kenya Power and Lighting Company Limited (KPLC) (the Standing Committee).