Currents in Kenyan law, read closely.
Short, practical notes from the chambers on the developments that affect how businesses, institutions and individuals plan their affairs in Kenya.
The Data Protection (General) Regulations, 2023: what changes for controllers
The new regulations translate the DPA 2019 into operational duties — consent records, breach notification windows and cross-border transfer safeguards. We summarise what controllers must do now.
The Data Protection (General) Regulations, 2023 operationalise the Data Protection Act, 2019. Three obligations demand immediate attention. First, consent must now be specific, informed and recordable — bundled consents are no longer lawful. Second, personal data breaches must be reported to the Office of the Data Protection Commissioner within seventy-two hours of becoming aware, with documented risk assessment. Third, cross-border transfers require either adequacy recognition, appropriate safeguards, or a specific derogation. Controllers should audit their consent mechanisms, incident response playbooks and transfer pathways now — enforcement is no longer theoretical.
BY DAVID WASIEBA
The new regulations translate the DPA 2019 into operational duties — consent records, breach notification windows and cross-border transfer safeguards. We summarise what controllers must do now.
DISCUSS THIS MATTEREnforcing arbitral awards in Kenya: a practical path under the Arbitration Act
A domestic arbitral award is enforceable as a High Court judgment, but the route matters. We set out the steps and the common pitfalls that delay recognition.
BY DAVID WASIEBA
Title due diligence in Kenya: the five searches that protect a purchase
Land in Kenya rewards diligence and punishes assumption. These are the five searches we run before advising any client to complete a purchase.
BY DAVID WASIEBA
Drafting force majeure after the pandemic: what Kenyan courts now expect
The pandemic tested boilerplate force majeure clauses and exposed them. We set out what a defensible clause now needs to say.
BY DAVID WASIEBA