CM Advocates Rwanda
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CM Advocates Insights
What are Prejudicial Dispositions?
This refers to a disposition of land either by sale, charge, transfer, partition, exchange, assignment, surrender or a lease by a debtor who is unable to pay its creditors in an attempt to delay or defeat the exercise by his creditors of any right of recourse to that land.
In the world we live in today, data has become quite a crucial commodity with immeasurable capabilities that cannot be overlooked.
Pursuant to a notice issued by the Ministry of Lands and Planning (“MOLPP”) on 9th May 2021, long term leases supported by architectural drawings shall no longer be registered with effect from 10th May, 2021.
The Voluntary Tax Disclosure Program (VTDP) is where a taxpayer confidentially discloses any tax liabilities to the Kenya Revenue Authority (KRA) for the purpose of being granted relief of penalties and interest of the tax disclosed taxes.
The Voluntary Tax Disclosure Programme (VTDP) was introduced through the Finance Act, 2020 and seeks to grant relief on penalties and interest on any tax liability disclosed in respect to the period between July 1, 2015 and June 30, 2020.
The Sectional Properties Act, 2020 laws of Kenya (the “new law”) has effectively repealed the Sectional Properties Act of 1987, laws of Kenya (the “repealed law”).
For foreigners who wish to visit Kenya for various reasons either business visits, family visits or tourist vists they can now apply for their visas (Evisa) online. The Evisa must be applied for and approved prior coming into Kenya. The application procedure is detailed below.
Do you know that for most companies, the first minimum tax payment is due next month in April?
Minimum Tax was introduced by the Finance Act 2020 with effect from 1st January 2021. The aim is to ensure that every person makes a fair and just contribution to the provision of government services regardless of the person’s profit position.
On 25 February 2021, The Kenya Revenue Authority (KRA) issued a public notice directing that effective 1 March 2021, the service of Notices of Appeal to the Commissioner should be done through iTax. This applies to cases at the Tax Appeals Tribunal (TAT), the High Court and the Court of Appeal.
The Government of Kenya has extended the deadline for the replacement of the old passports with the new generation e-passport by a further 10 months until 31st December 2021.
A new tax known as Digital Service Tax (DST), introduced by the Finance Act 2020, comes into effect on 1st January 2021.
For foreigners who wish to visit Kenya for various reasons either business visits, family visits or tourist vists they can now apply for their visas (Evisa) online. The Evisa must be applied for and approved prior coming into Kenya. The application procedure is detailed below.
In the wake of increased cases of the spread of Corona Virus (COVID-19), we hope you are well.
Effective 1st January 2021, there are various changes in tax rates which were introduced through the Tax Laws (Amendment) No. 2 Act of 2020 that was assented to by the President on 23rd December, 2020 and published on 24th December 2020.
The Data Protection Act, No. 24 of 2019 (the DPA) was enacted into law on 11 November 2019 through Gazette Supplement Number 181. The provisions of the DPA gives life to Article 31 (c) and (d) of the Constitution of Kenya which guarantees the right to privacy including the right of a person not to have information relating to their family or private affairs unnecessarily required or revealed and the right not to have the privacy of their communications infringed.
For a long time, Kenya has lacked a comprehensive personal data protection legislation which has been quite necessary in this age of digital use and access. This has exposed citizens to the risk of their personal data being misused.
This is to inform you that the government has announced that it is processing tax waiver applications. Through a Public Notice, the Kenya Revenue Authority (KRA) informs that it has finalised the roll out of the iTax system enhancements for processing of the waiver applications and has embarked on clearing its backlog.
Copyright is an (intellectual) property right conferred to Works such as musical, literary, artistic, sound recordings, broadcasts, audiovisual and photographic creations inter alia. A Work is eligible for copyright protection if it is original to the creator, reduced into material/fixed form and the author must be a qualified person.
Every company, except a single member company, is required to hold an AGM under the Companies Act. Failure to hold an AGM is an offence which attracts a fine of KShs.100,000.
The Capital Gains Tax (CGT) is a tax chargeable on the whole of a gain which accrues to a company or an individual on or after 1st January, 2015 on the transfer of property situated in Kenya, whether or not the property was acquired before 1st January 2015.
Copyright is an (intellectual) property right conferred to Works such as musical, literary, artistic, sound recordings, broadcasts, audiovisual and photographic creations inter alia. A Work is eligible for copyright protection if it is original to the creator, reduced into material/fixed form and the author must be a qualified person.
The Business Laws (amendment) Act, 2020 (“the Amendment Act”) was signed into law on 18th March, 2020. The Act amends sixteen (16) pieces of legislation to facilitate the ease of doing business in Kenya. This alert highlights amendments to the Insolvency Act, 2015.
The Procurement and Asset Disposal Act, 2015 (the “Act”) establishes the procedures for the procurement and disposal of unserviceable, obsolete or surplus stores and equipment by public entities.
Further to our article on how to conduct virtual board and shareholders meeting during the Covid-19 Pandemic, the High Court of Kenya issued an Order on 29th April, 2020, by virtue of powers bestowed on it by Section 280 of the Companies Act, 2015 directing the manner...
Part X of the Employment Act (Act No. 11 of 2007) provides for the management of employment and applies to employers with more than 25 persons in their employ. Sections 76 to 79 imposes certain responsibilities on employers to notify the Director of Employment (the “Director”) in the event of a vacancy, termination/lay offs and abolishing of a post in its business.
Enacted on 18th March 2020, the Business Laws (Amendment) Act, 2020 (the “Act”) amended various statutes with the aim of easing business transactions in Kenya.
On the 11th day of March 2020, the World Health Organization (WHO) declared the COVID 19 disease as a pandemic. This disease has had far-reaching and unprecedented effects on businesses due to its nature and the precautionary measures advised to curb its spread.
An amendment to the Companies Act 2015 (the “Act”) by the Statute Law (Miscellaneous Amendment) Act 2019 introduced a new section 93A to the Act that required each company to have and maintain a register of its beneficial owner(s). The information to be contained in a company’s register of beneficial owners was to be prescribed by regulations to be made under the Act. [For more on the amendment see our alert “Amendments to the Companies Act 2015”]
The Civil Procedure Rules have been amended by the enactment of the Civil Procedure (Amendment) Rules, 2020 contained in Legal Notice No.22 in Kenya Gazette Supplement No. 11 dated 26th February 2020
The Government of Kenya has extended the deadline for holders of the old Kenyan passport to migrate to the new generation e-passport by 12 months from the initial deadline of March 1st 2020 to March 1, 2021.
Through the Finance Act 2019; Head A of the Third Schedule to the Income Tax Act was amended. The amendment will allow buyers to get a relief of 15% of gross contributions capped to KSh. 108,000 per year or KSh. 9,000 per month instead of the earlier amount of 15% of gross emoluments; closing a loophole that allowed persons to get a relief that is higher than the contributions made.
Kenya Revenue Authority (KRA) has issued a public notice on 6th January 2020 on the implementation of Turnover Tax (TOT) and Presumptive Tax effective from 1st January 2020.
What We Do: Practice Areas
CM ADVOCATES – Rwanda specializes is a wide range of disciplines and sectors/ industries. We are one of the leading commercial dispute resolution firms in Rwanda and have advised several multinationals, banks and insurance companies on complex debt recovery and commercial litigation and arbitration matters in Rwanda.
About Us
CM Advocates, Rwanda – Upclose
CM ADVOCATES Rwanda aspires to be the premier legal and business advisory firm in Rwanda and within the East Africa Community (EAC), by providing our customers with a one-stop-shop for their legal and business advisory needs and a world-class customer experience. We have associate offices in Nairobi, Mombasa (Kenya), Uganda and Tanzania.
Tell Me More
The Team
Mr. Pius Ntazinda Nkunda
Managing Partner
Mr. Livingstone Mwesigye
Senior Associate
Mr. Jean Marie Ntakirutinka
Associate
Ms. Joan Mutesi
Junior Associate
Mr. Elias Tugume
Junior Associate
Ms. Utamuliza Solange Ijumaa
Senior Associate
Legal News
CM Rwanda Newsletters
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Issue 4 – Novermber 2019
12 OctoberOver the years, there has been an increase in the number of foreigners seeking to own land...
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Issue 3 – September 2019
12 OctoberAt CM Advocates we pride ourselves on being able to provide our clients with consistent, h...
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Issue 2 – July 2019
12 JulyCM Advocates LLP marks a major milestone in its journey. As we turn 5 this June, in line w...
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Issue 1 – April 2019
16 MarchOn 10" June this year (2019), we shall be celebrating our 5th year since inception. During...
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