Media Room
Insights
Every publication, opinion piece, court summary and policy note the firm has issued. Written by named advocates.
Land Control Board Consent: Essential Guide for Agricultural Land Transactions
Land Control Board Consent: Key Requirements and Process for Agricultural Land Deals Transactions and dealings with agricultural land are primarily…
Suhaila Noorani · 3 min read
Appealing the decision of the Tax Appeals Tribunal at the High Court.
There is no limitation for the period covered in a tax investigation in cases of gross/willful, neglect, evasion or fraud…
MMS Advocates · 4 min read
Family Trusts as an Alternative to Traditional Succession
Family Trusts as an Alternative to Traditional Succession In our previous article, we discussed how to register a family trust.…
MMS Advocates · 3 min read
Ensuring the Future: The Critical Role of Succession Planning for Digital Assets
Ensuring the Future: The Critical Role of Succession Planning for Digital Assets; Introduction In today’s world, technology plays a pivotal…
Valary Nyala · 3 min read
Comprehensive Guide to Understanding Divorce Procedures and Legal Grounds
Comprehensive Guide to Understanding Divorce Procedures and Legal Grounds; Divorce has become a common term in today’s society, no longer…
MMS Advocates · 2 min read
(SHIF Act) Revolutionizing Healthcare: A Guide to Kenya’s Social Health Insurance Act, 2023
(SHIF Act) Revolutionizing Healthcare: A Guide to Kenya’s Social Health Insurance Act, 2023 The Constitution of Kenya, 2010, grants every…
Suhaila Noorani · 5 min read
Exploring The Dynamics Of Intellectual Property: Transferability, Inheritance, And Shared Ownership
Introduction The intellectual property serves as a cornerstone for innovation and creativity, encompassing various forms such as patents, trademarks, copyrights,…
Valary Nyala · 3 min read
Copyright Registration Process in Kenya: A Comprehensive Guide
A copyright is a type of intellectual property that gives the creator of a creative work an exclusive and legal…
Suhaila Noorani · 2 min read
Understanding Prenuptial Agreements in Kenya: A Comprehensive Guide
With the enactment of the Matrimonial Property Act, 2013 (the Act), prenuptial agreements gained formal recognition in Kenya. The Act came into…
Mildred Chidosho · 5 min read
Complete Guide: How to Register a Company Limited by Guarantee in Kenya
A company limited by guarantee is a specific legal structure that does not have any shares or shareholders (like the…
Salim Khalid · 2 min read
Navigating Intellectual Property Rights in Innovations: Balancing Employer and Employee Interests
To thrive in these unprecedented economic and digital times, organizations need to embrace creativity and innovation. Through innovation an organization can achieve competitive advantage which creates room for growth and sustainability. An organization’s innovative climate is driven by its human resource. Employees breathe life into innovation through their knowledge, skills and abilities; while employers are the driving force, they provide the employees with the required environment and resources to innovate. In Kenya, the main hindrance towards the development of new inventions is the lack of awareness of laws and legal rights of the employees and employers related to ownership of intellectual property of the invention. Due to this gap, innovators are exploited, this demotivates them from actualising their creative potential, for fear that the organization or employer will take all the credit. In a recent South African case of Vodacom (Pty) Ltd v Makate and Another (401/2022) [2024] ZASCA the Supreme Court ordered Vodacom to compensate Mr. Makate in billions for the ‘please call me’ idea he invented when he was an employee at Vodacom, although the idea was wholly operationalised by Vodacom. Such lawsuits against employers and organizations can be prevented by implementing the rights granted to each party under the law. This Article will discuss how the law creates a balance between the rights of the employer and the innovator employee to ensure both benefit from the innovation. Innovations are governed by the Industrial Property Act, 2001 (IPA). The general rule under…
MMS Advocates · 4 min read
Setting Up a Family Trust in Kenya: A Comprehensive Guide with Key Amendments and Efficient Registration Process.
Family Trusts Family Trusts are legally recognized in Kenya effective 2021, when the Trustees (Perpetual Succession) (Amendment) Act (“the Amendment…
Peter Mwenda · 5 min read
Does Intellectual Property Expire? Unveiling the Power Behind Intellectual Property: Understanding Lifespans and Safeguards.
Introduction Before we delve into the deep contents of intellectual property and its expiration aspects, it is crucial to first…
Valary Nyala · 4 min read
Mombasa Plastics Prize Incubators Matchmaking Forum
Yesterday, at the Mombasa Plastics Prize Incubators Matchmaking Forum organized by ChallengeWorks, Swahilipot Hub Foundation, and USAID, Felicia Solomon, Partner at MMS, and Mildred Mwanyika, Associate…
MMS Advocates · 1 min read
Data Protection and Privacy
On November 1st, a session was conducted at Swahilipot Hub Mombasa by Ms. Wendy Kuyoh, a lawyer specializing in technology…
Wendy Kuyoh · 1 min read
Kenya Revenue Authority Tax Amnesty Program
The Finance Act 2023 introduced a tax amnesty program for interest and penalties on tax debt by inserting section 37E…
Kevin Muthini · 1 min read
Empowering Creative Minds: Sanaa kama Biashara Capacity Building Program Equips Taita Taveta Creatives with Essential Business and Legal Insights
On Thursday, October 12th, 2023, the Sanaa kama biashara capacity building program conducted its second session for the Taita Taveta…
MMS Advocates · 1 min read
Sanaa Kama Biashara Taita Taveta Edition
On Wednesday, 11th October 2023, the Taita Sanaa Kama Biashara program kicked off with its second cohort in Taita Taveta.…
MMS Advocates · 1 min read
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