Law

Kenya must use the Somalis within its borders to achieve strategic influence on the Horn.
Immigration can affect both host and home-country in several ways, and its effects can be positive or negative depending on the characteristics of the immigrants, the destination country, and whether immigrants maintain strong ties and a sense of belonging to their home country that induces them to influence the political process from abroad. A natural extension of considering how foreign-educated and wealthy leaders can be extremely important in influencing the political grounds of a country, would be to consider the possibility of how all immigrants could also be important agents in influencing political spheres, even from abroad. Kenya has had a very strategic positioning in the happenings of politics within Somalia. Kenya bore the brunt of the refugee influx in the early 90's. It withstood the hard times during this years of playing host in many frontiers. Most notably being the environmental degradation around the camps. The refugees initially had the sole objective to transit through Kenya in the hope to finally settle on other continents. Many managed and blossomed in their new countries, acquiring citizenship and integrating. But one thing has manifested over time. Their hearts never left Kenya. They kept coming back and sending their relatives who were left behind to Kenya and prosper. Their children schooled in Kenya and have established investments within the country. Trade The Somali refugees adopted to their new home on the Horn. They settled in and reconstructed their lives. The resilience is something that still amazes many.

The Kenyan Capital Market scene is dominated by Equities and Fixed Securities. The idea of Securities Lending and Borrowing is a new concept that has been introduced by the CDSC. However, due to limited sensitization on the market, the uptake may be low. Additionally, some people may get into the trade without appreciating the risks thereto. Here is a snap of the venture.

" …any Government that fails to provide the most fundamental rights for major segments of its population can be said to have forfeited sovereignty and the international community can be said to have a duty in those instances to re-establish it. " Deng F M-Protecting the Dispossessed Brookings Institution, Washington 1993 at 140.

The paper aims to discuss the above quotation in light of Kenya's excursion into Somalia and the more recent debates on the repatriation of Somali refugees. The writer shall bear in mind that while on the surface, international humanitarian law and refugee/migration law are quite distinct legal regimes, more in-depth understanding shows there are a number of areas of cross-fertilization.

After almost a decade of stakeholder endeavours, the Kenyan capital market has taken a leap forward by the establishment of a pilot derivatives exchange under the Nairobi Securities Exchange. The stage is now set for the inception of a (formally regulated) derivatives market in Kenya. This paper seeks to provide a sketch of the legal framework for the derivatives market in Kenya. Subsequent articles will fill in the detail and colour by attempting to focus on individual aspects of the law and further still analyse the effectiveness of Kenyan law towards maximizing the potential gains of a derivatives market while mitigating and curtailing the challenges and risks involved.

MRC is an outlawed group that seeks to secede the Coastal region from Kenya. Their basis is that the region has been neglected for several years by the National government. This dissertation sought to determine whether this secession bid is founded in municipal and international law.

Good corporate governance has been a matter of concern in the field of company law through the years, the directors having been mandated as the agents of the company have in many cases abused this mandate by doing activities or making decisions that do not steer the company towards success as they should. The new Companies Act 2015 has gone to greater lengths to usher in reforms particularly in the management of companies by clarifying the duties of directors, identifying actions to determine their unfitness for their role and penalties for the breach of their duties either by action or inaction on their part. A director must now not only grasp their new duties under the companies Act but also comprehend the consequences of breaching these duties. The duties of the directors to act within their mandate in good faith, these are the fiduciary duties that have now been codified in the new Company Act so as to make clear what these duties are in dealing with such cases. These duties would still encompass a situation where the directors may act outside their mandate but still in good faith and for the success of the company. These duties have in the past before codification originated from common law and we shall see in a few cases that common law had dealt with this area of study.
The Companies Act  came into force in 2015 and provides in its Division three the Directors duties in a company from section 142, which provides that the directors shall act within their powers and read with section 143 that this shall be done in good faith to promote the success of the company for the benefits of its members as a whole. Sec 146 provides that the director should avoid conflict of interest and concentrate solely on the duty to the company without having other competing activities that might beat the objectives of the company. Section 147 provides that the director acting on his mandate as a director should not accept benefits from third parties; Benefits received by a director from a person by whom his or her services (as a director or otherwise) are provided to the company are not regarded as conferred by a third party.  Section 148 in closing provides for the consequences of breach of fiduciary duty that these duties are enforceable like any other general duties and civil proceedings under common law and equitable principles shall apply in case of breach.
Fiduciary can therefore be categorized as duties of loyalty and good faith distinct from the other type of duties that rely on the duty of care and skill. These provisions for fiduciary duties seem to go from the description of directors as trustees and rather make them more of agents of the company, but as agents they stand in fiduciary relationship to their principle, the company. This codification shall therefore make it easy for the court to make decisions on cases touching on breach of fiduciary duties without the feeling that they have overreached their discretion in the dispense of justice and this as interpreted together with common law would suffice for good dispensation of decisions which shall therefore ensure good corporate governance in the country and bring a new breed of directors that will ensure ultimate success of the companies to the ultimate benefits of all its members