Cyber Law

An area of Law at its infancy

"Avant garde" Robin Vivian

Exhibition / Main hall
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Corporate Law

Immigration law refers to the set of laws, regulations, and policies that govern the entry, stay, and departure of foreign nationals in a particular country. It outlines the rights, responsibilities, and procedures for individuals seeking to visit, reside, or become citizens of a foreign country. Immigration law in Kenya is primarily governed by the Kenya Citizenship and Immigration Act, 2011, and its accompanying regulations. The law sets out the legal framework for the entry, stay, and departure of foreign nationals in Kenya, as well as the acquisition of Kenyan citizenship. Here are some key aspects of immigration law in Kenya:

 

  1. Visas and Permits: Foreign nationals visiting Kenya typically require a visa, unless they are from visa-exempt countries. The Act provides for various visa categories, including tourist visas, business visas, student visas, and work permits. The specific requirements, duration of stay, and conditions for each visa or permit category are outlined in the regulations.

  2. Work Permits: The Act sets out the conditions and procedures for obtaining work permits for foreign nationals who wish to engage in employment or business activities in Kenya. Work permits are generally granted to individuals who possess specialized skills or expertise not readily available in the local labor market. Different classes of work permits exist, including Class A (investors), Class B (professionals), and Class C (specific employment).

  3. Residence Permits: Residence permits are required for foreign nationals who wish to reside in Kenya for an extended period. The Act outlines the various categories of residence permits, including dependant permits, student permits, and retirement permits. The regulations provide details on the application process, eligibility criteria, and renewal requirements for each category.

  4. Refugee Law: Kenya has specific legislation to address the protection and assistance of refugees. The Refugee Act, 2006, establishes the legal framework for the recognition and protection of refugees in Kenya. It outlines the procedures for seeking asylum, refugee rights and obligations, and the role of the Refugee Affairs Secretariat in refugee matters.

  5. Citizenship: The Kenya Citizenship and Immigration Act, 2011, outlines the requirements and procedures for acquiring Kenyan citizenship through birth, descent, registration, naturalization, and marriage to a Kenyan citizen. It sets out the conditions for dual citizenship and the revocation of citizenship in certain circumstances.

  6. Immigration Enforcement: The Act grants immigration authorities the power to enforce immigration laws, including conducting inspections, detaining individuals suspected of immigration violations, and initiating deportation proceedings. It also outlines the penalties for immigration offenses, such as illegal entry or overstaying.

Corporate Law

Corporate law is a legal area that presides over the conception and functioning of companies. This pertains to the fields of contract and commercial law. In conformity with state regulations, a corporation represents a commercial enterprise structured as a legal entity. The regulation of the establishment, structure, and cessation of corporations is governed by varying legislations across distinct jurisdictions. A corporation is a legal construct that exists as a separate entity from its shareholders, possessing the capacity to engage in contractual relationships, institute legal proceedings, and undertake other operations necessary for the maintenance of a commercial enterprise such as: Sole Proprietorships, Companies, and Partnerships. Religious bodies, local churches, and Non-Governmental Organizations.

Mvera, Nyanje & Mambo Advocates LLP (MN&M) has an elaborate division in authority for: actualizing or guide in the: registration of corporate bodies; Management of the corporate bodies; and dissolution of the same. In the management of corporate entities, the Firm conducts legal audits to confirm compliance of the entities with the laws in place. The essence of the legal audit is to avoid criminal liability and increase the chances of winning any legal suit to 98%.

Further, the Firm undertakes:

        1. Corporate governance - the monitoring and regulation of a company's management activities;
        2. Mergers and acquisitions - the strategic pursuit of one company to merge with or acquire another company.
        3. Private equity - the process through which investors seek to invest in privately owned companies. This approach is typically preferred by investors who aspire to provide funding for early-stage businesses or gain control of established firms that are not publicly traded.
        4. Securities - which serve to prevent activities such as fraudulent practices and insider trading.
        5. Venture capital - collaborating with investors seeking to procure funding for nascent, emerging enterprises.

In commercial transactions, the firm has extensive experience in: conducting due diligence; drafting; executing; editing; perusing and advising on: Purchase & Sale Agreements; Non-Disclosure & Confidentiality Agreements; Capital Equipment Purchase and Leases; Commercial Security Agreements; Commercial Property Leases; Construction Contracts; Consulting Agreements; Distribution, Dealer, and Sales Representative Agreements; Employment Agreements; Guaranties for Financing; Inter-Creditor, Subordination and other Banking and Lending Agreements; Joint Venture Agreements; Loan Agreements; Mortgages, Liens, Deeds and Easements; Security Agreements/Instruments; and Shareholder Agreements among others.

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