Commercial Court Declines To Refer Payment Claim To Arbitration, Finding No Genuine Dispute

In a recent judgment obtained in favour of MMAKS Advocates’ client, Mehta Electricals, the Uganda Commercial Court declined to refer to arbitration a USD 600,000 component of a larger dispute over payments for electrical works because the Defendant, who sought the referral to arbitration, had no credible or plausible basis for contesting the validity and enforceability of the underlying issued interim payment certificates, leading to a conclusion that there was no (genuine) dispute to refer to arbitration as the claim was essentially admitted.

Kenya’s Trade Development Bill, 2025: Strengthening Market Position Amid Global Trade Realignment

The global trading system is entering a period of transition defined by moderate and uneven growth, escalating trade tensions, shifting supply chains, and the rapid expansion of digital commerce. Heightened geopolitical uncertainty, including the re-emergence of protectionist tariff regimes, ongoing great-power rivalry, and disruptions to critical maritime trade routes, is reshaping the landscape within which emerging economies must compete.

 

The CBN’s Removal of Cash Pooling Requirements for International Oil Companies (IOCs) and Its Implications for Nigeria’s Foreign Exchange Market

On 25 March 2026, the Central Bank of Nigeria (CBN) issued a circular to all Authorised Dealer Banks (ADBs) confirming that International Oil Companies (IOCs) operating in Nigeria are “hereby granted unfettered access to their repatriated export proceeds.” Under this directive, IOCs may repatriate 100% of their export proceeds through ADBs, subject to adequate documentation and the submission of monthly reports to the Director, Trade and Exchange Department. The circular, which took immediate effect, expressly supersedes all prior CBN circulars on cash pooling.

Whistleblower Protection Bill 2023: Potential Implications on Whistleblowing and Complaints Procedures in the Workplace

Kenya’s Parliament has considered a Whistleblower Protection Bill at least four times, in 2017, 2019, 2021 and most recently in 2023 (Whistleblower Protection Bill, Bill No. 56 of 2023), yet none has been enacted into law.

The repeated introduction of these Bills across successive Parliaments underscores how some consider this an issue even as comprehensive legislation remains elusive. While the latest Bill has seen limited traction since its second reading, its proposals remain relevant, and, in our view, organisations should not wait for enactment before acting

Temporary Reduction of VAT on Selected Petroleum Products

On 14 April 2026, the Cabinet Secretary for the National Treasury announced a temporary reduction of the VAT rate on selected petroleum products in Kenya, from the standard 16% to 8%, effective 15 April 2026 for a period of 90 days.

The measure targets three specific products, namely, motor spirit (gasoline) premium, illuminating kerosene, and gas oil (automotive, light, amber for high-speed engines), identified by their Harmonised System (HS) tariff codes.

NUPRC Issues Directive on Standardised Templates & Measurement-Based Methane, GHG Reporting

On 13 April 2026, the Nigerian Upstream Petroleum Regulatory Commission (NUPRC) issued a Directive requiring upstream operators to use standardised templates for greenhouse gas emissions management planning and reporting of methane/GHG accounting and inventory. The Directive marks a shift from policy-level
expectations to an auditable, evidence-driven compliance framework.

An Underutilised Using Order 41, Remedy Rule 4 to Discharge a Temporary Injunction

In this legal alert we analyse the High Court’s ruling on the use of Order 41 Rule 4 of the Civil Procedure Rules to discharge, vary, or set aside temporary injunctions. The alert highlights this underutilised remedy as a faster and more flexible alternative to appeals or reviews, focusing on whether an injunction should continue rather than whether it was correctly granted. Courts recognise grounds such as material non-disclosure, changed circumstances, or abuse of the order. It also clarifies that where injunctions are issued by registrars, applications for discharge must be made before a judge, reinforcing judicial oversight and equitable discretion.

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