Data Protection: Compliance Requirement and Roadmap
Data Protection: Compliance Requirement and Roadmap Who must register with the ODPC, and what does compliance look like in practice? This article explains the registration thresholds under the Data Protection Act and the sectors that must register regardless of size. It then sets out a clear two-phase roadmap, from gap assessment to implementation, policies, contracts […]
Judicial Review in Kenya Post the 2010 Constitution
Judicial Review in Kenya Post the 2010 Constitution The 2010 Constitution transformed judicial review from a narrow common law remedy into a constitutional right anchored in fair administrative action. This article reviews recent Supreme Court decisions and the Court’s shifting position on whether review should examine merits or remain limited to process. It questions the […]
Bonafide Purchaser For Value Without Notice: A Disappearing Principle?
Bonafide Purchaser For Value Without Notice: A Disappearing Principle? Kenyan courts are narrowing the “bona fide purchaser” defence. This article explains how recent decisions treat “notice” as a duty of deeper inquiry beyond a registry search, and why defects at first registration can cascade through later transfers. It also highlights what due diligence now requires. […]
The Right to Religion and Business
The Right to Religion and Business Kenyan courts are increasingly enforcing Article 32 rights in workplaces and institutions through the idea of “reasonable accommodation.” This article reviews recent decisions on days of worship and other faith-related practices, and asks what this trend means for employers and contractual relationships. It also highlights the open questions on […]
Artificial Intelligence in the health sector
Artificial Intelligence in the health sector Artificial intelligence is already reshaping healthcare, but it raises hard questions on privacy, consent, liability, safety and bias. This article outlines Kenya’s evolving legal framework, including the Health Act, the Data Protection Act and emerging digital health laws. It also highlights practical safeguards for deploying health AI responsibly and […]
Valid and Informed Consent in Data Protection
Valid and Informed Consent in Data Protection Recent ODPC penalty notices have highlighted a recurring compliance gap: processing personal data without proper consent. This article explains what “valid and informed consent” means under Kenya’s data protection regime, using real enforcement examples. It also sets out practical safeguards for organisations, especially in digital lending, marketing and […]
Regulation of Digital Lending in Kenya
Regulation of Digital Lending in Kenya Digital lending has expanded rapidly, but complaints about harassment, privacy violations and abusive recovery practices prompted regulation. This article explains Kenya’s framework under the CBK (Digital Credit Providers) Regulations, 2022, including licensing, governance and reporting duties. It also highlights the key borrower protections on consent, data minimisation, disclosure and […]
Social Health Fund, Primary Healthcare, Digital Health & Facility Improvement Financing Acts
Social Health Fund, Primary Healthcare, Digital Health & Facility Improvement Financing Acts Author : Marren Adunga marren@rachieradvs.co.ke Rachier & Amollo LLP, Mayfair Center 5th Floor Article Overview This insight reviews Kenya’s new “universal health care” legal package enacted on 19 October 2023, namely the Social Health Fund and the Primary Healthcare, Digital Health, and Facility […]
Informed Consent Vs Invalid Consent
Informed Consent Vs Invalid Consent A Case sudy of forced sterilization of women living with HIV in Kenya. Informed consent is not a signature, it is understanding plus freedom of choice. This case study shows how women living with HIV were coerced into irreversible sterilization, and how the law distinguishes informed consent from invalid consent […]
The Fallacy of Public Participation in Kenya
The Fallacy of Public Participation in Kenya Kenya’s Constitution demands public participation, yet many processes still feel predetermined. This article explains how consultation can become box-ticking, the legal standards courts apply, and practical steps for making participation meaningful, inclusive and accountable. Author : CS. Kevin Wakwaya kwakwaya@rachieradvs.co.ke Rachier & Amollo LLP, Mayfair Center 5th Floor […]