Author: NLM Correspondent

Standard legal procedures have become almost unrecognisable from their state a year ago. What elements in commercial contracts are now receiving greater attention? By Jean-Marc Pettigrew For many businesses, existing commercial contracts came under sharp focus with the outbreak of COVID-19 in March 2020. With such a big shift in our day to day lives, some businesses who had previously been trading well suddenly faced a great drop in revenue and were quickly looking for ways to cut costs across the board, which meant taking a closer look at the long-term agreements they were locked into. Having drafted, reviewed, and…

The specific application of force majeure in the context of a pandemic is new and untested territory. As we all navigate the uncharted territory of the coronavirus, in the world of contracts the force majeure clause has come to the fore. By John Warchus You’d be forgiven for assuming a global pandemic counts as a force majeure, but this isn’t necessarily the case: not a single reported case law or English law authority exists on the operation of force majeure clauses in the context of epidemics or pandemics. Not that a well-drafted force majeure clause can’t be relied upon, but…

By David Onjili In November 2020, President Uhuru Kenyatta launched the Diesel Mobile Units (DMU) to help ease the dependence on vehicular transport into Nairobi. In December 2020, the Ministry of Transport launched DMUs plying the central business district to Jomo Kenyatta International Airport (JKIA) route. A passenger going to the JKIA has to board at the Nairobi Central Station to Embakasi Village, a 25-minute trip and, from there, take a BRT bus to JKIA, a 10-minute journey. The introductory fare was Sh500 one way from the CBD, a figure that did not go well with many Kenyans. Many opined…

The global community should create a non-profit remittance platform to provide a one-stop solution to keep remittances flowing and leverage them for development financing. By Dilip Ratha Remittances—money sent by migrants to families back home—provide a financial lifeline to millions of households. Remittance flows to low- and middle-income countries reached $550 billion in 2019, surpassing foreign direct investment and official development aid. These are only recorded flows; the true size—including those through informal channels—is even larger. Remittance flows to sub-Saharan Africa were recorded to be $48 billion in 2019, but the true total is likely to be significantly larger. Nigeria…

The pandemic has taught us new lessons about why PPPs are even more critical to the continent’s post-pandemic resilience bY Edem Adzogenu Beyond the staggering tragedy that is the death and illness of thousands of people the world over, the COVID-19 pandemic has also brought unprecedented economic disorder, decimating economies and the livelihoods of citizens in rich and poor nations alike. The International Trade Centre projected that, globally, 1 in every 5 micro, small, and medium enterprises (MSMEs) will go bankrupt in 2020 – an alarming number considering that, in Africa, this category of business provides nearly 80 percent of…

In recent months, Ukheshe has ramped up efforts to establish and enhance key partnerships in Africa as the continent shifts towards digital channels. In an initiative that will see the growth and development of payment services within the East Africa region, leading digital fintech platform provider, Ukheshe, has announced the conclusion of a new agreement with the Kenya-based lender KCB Bank Kenya. Through the agreement, KCB will sponsor Ukheshe’s Bank Identification Number (BIN) number, which will allow Ukheshe to immediately issue both physical and virtual cards across East Africa where KCB has an extensive footprint. According to Victor Ndlovu, Vice…

Higher debt levels, weaker debt affordability, and low buffers pose significant challenges given limited institutional capacity The negative 2021 outlook for Sub-Saharan African (SSA) sovereigns reflects the severe economic challenges the region will grapple within the fallout from the coronavirus shock, Moody’s Investors Service said in a report last month. SSA sovereigns’ growth recovery will be slow, with far-reaching implications for already weak revenue generation. Lower overall economic growth and revenue, coupled with higher government expenditure, will also lead to wider fiscal deficits and higher debt for the region. “Most Sub-Saharan African governments’ debt burdens will stabilise at materially higher…

The pandemic is adding to the growing list of non-physical damage BI scenarios such as cyber or power blackouts. By Antony Mutunga 2020 was not a good year for many as COVID-19 ravaged the world, disrupting lives and entire economies. No one had anticipated the risk the pandemic brought to the corporate world. Business interruption (#1 with 41 percent responses) and Pandemic outbreak (#2 with 40 percent) are this year’s top business risks with Cyber incidents (#3 with 40 percent) ranking a close third, the annual survey on global business risks from Allianz Global Corporate & Specialty (AGCS) shows. “The…

By Kibe Mungai When judges are not free, no man can be said to have rights, for the form of justice can be twisted to serve the tyranny of the numerous, the wealthy, or the powerful. One cannot be sure of always running with the pack; he may find himself the pursued rabbit. A man cannot tell when in a civil or criminal case he may be unjustly accused, the object of widespread calumny and popular hatred, with the result that his property, his liberty or even his life, is in danger. In that day his only refuge is a…

By Joseph Lister Nyaringo As we well and truly get into 2021, we need to remind ourselves that the destiny of any society is pegged on actions, thoughts, habits, and the characters of every citizen. The raging debate to hold a referendum based on the recommendations of the Building Bridges Initiative (BBI) has attracted different opinions from Kenyans. Many have questioned why it’s a priority to change a constitution that is only 10 years old. A section of Kenyans do agree that to conform to modern trends of governance and public service, an amendment is necessary. But others contend that,…