CORPORATE AND COMMERCIAL LAW by George Kinyua, ESQ.
he recent saga involving Cytonn Investments exposed the issue of the level of protection that inv... more he recent saga involving Cytonn Investments exposed the issue of the level of protection that investors in Kenyan collective investment schemes receive. Investors in these schemes essentially purchase units (equivalent to shares in a company) in a fund authorized run by a fund manager licensed by the Capital Markets Authority. The position of these investors, as far as their relationship to the fund and the fund manager is concerned, is no different from that of shareholders to the companies they invest in. The Cytonn saga, therefore, exposed what typically happens in Kenyan companies and brought to question the security of shareholders' investments. The level of success of an investor often depends on their ability to outfox other investors within the legally allowable limits. It is imperative therefore that an investor (whether in an investment fund or in a company) understands what the legal and business role of shareholders in a company is. A shareholder is a person holding shares in the company; in principle, therefore, shareholders are proprietors, owners and investors, with each share held representing a unit of ownership in that business known as the company.
Protecting IP rights in the Digital Space: IP Rights in Software in Kenya, 2020
Almost daily, new technologies are being created in Kenya, Africa and, indeed, the world. To deve... more Almost daily, new technologies are being created in Kenya, Africa and, indeed, the world. To develop and utilise these technologies, there is often proprietary software involved. This article examines the legal protection accorded to the proprietor of software against third parties who may want to exploit such software to the detriment of the proprietor.
In 2015, the Kenyan Parliament passed the Insolvency Act, Act No. 18 of 2015 (hereafter referred ... more In 2015, the Kenyan Parliament passed the Insolvency Act, Act No. 18 of 2015 (hereafter referred to as “the Insolvency Act”). By its description and effect, the Insolvency Act consolidates the law relating to the insolvency of natural persons and all types of incorporated and unincorporated entities, including companies, in Kenya.
Importantly, the Insolvency Act modernises Kenya’s bankruptcy and insolvency law by providing alternative procedures to bankruptcy (for individuals) and to liquidation (for companies) .
This short paper, as updated in 2021, summarises the various ways through which a company may be wound up under the Insolvency Act.
INTERNATIONAL LAW by George Kinyua, ESQ.
The Prophet said:[...], one of the basic rules of the Islamic concept of humanitarian law enjoins... more The Prophet said:[...], one of the basic rules of the Islamic concept of humanitarian law enjoins the faithful, fighting in the path of God against those waging war against them, never to transgress, let alone exceed, the limits of justice and equity and fall into the ways of tyranny and oppression. (Ayats 109 et seq. of the second Sura of the Koran, and the Prophet's instructions to his troops.)" 1
PUBLIC LAW by George Kinyua, ESQ.
Us vs Them: Democracy and Politics of Identity in Kenya and Africa, 2020
Upcoming
Elective democracy involves a people freely electing their desired ruler. Most African, especiall... more Elective democracy involves a people freely electing their desired ruler. Most African, especially Anglophone and Francophone Africa, states have embraced this mode of governance. But the irony is that in these same states, military putsches, popular revolutions, election violence and bad governance are common phenomena. This is ironical in a system where people are supposed to have selected their most favoured leader. One would not expect a military coup, less so a popular revolt.
These abortive attempts at democracy are what inspire this research. I will attempt to make a contribution in the discourse on political democratisation of Africa, as well as the role of elections and electoral bodies in such developments. I will seek to answer the question why a people would elect a leader only to oust him/her before his full term, and ultimately, whether elective multi-party democracy is the best option for Africa.
There are five Superior Courts in Kenya, namely; the Supreme Court, the Court of Appeal, the High... more There are five Superior Courts in Kenya, namely; the Supreme Court, the Court of Appeal, the High Court, and the two Courts contemplated under Article 162(2) of the Constitution; that is ELRC and ELC. Now the Chief Justice is by law allowed to constitute panels o judges to hear specific matters, usually complex matters of general public importance. But, pray, happens when the CJ picks judges from different Superior Courts and constitutes them into a panel to hear a criminal appeal? Besides, what is the extent and nature of the State's duty to provide legal representation to accused persons?
CURRENTLY UNDER REVIEW by George Kinyua, ESQ.
The Concept and Legal Creature of Limited Liability Partnership., Sep 14, 2013
Conference Presentations by George Kinyua, ESQ.
Investor Empowerment and Shareholder Activism in Kenya, 2021
The level of success of an investor often depends on their ability to outfox other investors with... more The level of success of an investor often depends on their ability to outfox other investors within the legally allowable limits. It is imperative therefore that an investor (whether in an investment fund or in a company) understands what the legal and business role of shareholders in a company is. Many shareholders will do virtually anything to gain control over the affairs of the company. A decent number even detest the whole idea of having to let ‘outsiders’ manage their business.
Papers by George Kinyua, ESQ.
After political independence from their colonisers, many African states inherited democracies mod... more After political independence from their colonisers, many African states inherited democracies modelled on the Western conception of it. This model was based on multiparty elections. However, inevitably perhaps, multi-party democracy in many of these newly independent states ended up a still-birth. This is partially attributable to the multiple ethnic conflicts witnessed in these countries. Attempts in the late 1980s and early 1990s to democratise Africa did not result in the desired result of consolidated democracies in the Continent. Many countries soon reverted to personal dictatorship, others refused to even commence democratisation in the first place, while many others began democratisation but then stagnated resulting in what has been variously called “half democracies” or “hybrid systems” that are neither pure dictatorships nor full democracies.This led many scholars and observers of African socio-political organisation to re-examine the idea of democracy in multi-ethnic Afric...
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CORPORATE AND COMMERCIAL LAW by George Kinyua, ESQ.
Importantly, the Insolvency Act modernises Kenya’s bankruptcy and insolvency law by providing alternative procedures to bankruptcy (for individuals) and to liquidation (for companies) .
This short paper, as updated in 2021, summarises the various ways through which a company may be wound up under the Insolvency Act.
INTERNATIONAL LAW by George Kinyua, ESQ.
PUBLIC LAW by George Kinyua, ESQ.
These abortive attempts at democracy are what inspire this research. I will attempt to make a contribution in the discourse on political democratisation of Africa, as well as the role of elections and electoral bodies in such developments. I will seek to answer the question why a people would elect a leader only to oust him/her before his full term, and ultimately, whether elective multi-party democracy is the best option for Africa.
CURRENTLY UNDER REVIEW by George Kinyua, ESQ.
Conference Presentations by George Kinyua, ESQ.
Papers by George Kinyua, ESQ.
Importantly, the Insolvency Act modernises Kenya’s bankruptcy and insolvency law by providing alternative procedures to bankruptcy (for individuals) and to liquidation (for companies) .
This short paper, as updated in 2021, summarises the various ways through which a company may be wound up under the Insolvency Act.
These abortive attempts at democracy are what inspire this research. I will attempt to make a contribution in the discourse on political democratisation of Africa, as well as the role of elections and electoral bodies in such developments. I will seek to answer the question why a people would elect a leader only to oust him/her before his full term, and ultimately, whether elective multi-party democracy is the best option for Africa.