Company Law: Lifting The Corporate Veil
INTRODUCTION The general rule about companies is that as the liability of a company’s members is limited by shares or by guarantee, then the company’s creditors cannot seek satisfaction from the members, even if the company has insufficient funds to pay its own liabilities in full. However, are there some exceptions to the general rule? […]
Implementing Article 159 of the Constitution; A Case for Alternative Dispute Resolution (ADR)
Introduction Justice is attained through effective and expeditious resolution of disputes. Dispute resolution mechanisms should be accessible to all both geographically and economically. Procedures, technicalities and costs should be kept at the minimum to avoid creating a barrier against the poor from accessing justice. In most cases, courts do not offer this. They are bedeviled […]
A Summary Of Articles In The Constitution Of Kenya That Have Constitutionalized Administrative Law
The constitution of Kenya 2010 and Administrative law. The Constitution of Kenya 2010 provides for the right to a fair administrative action under Article 47 which provides that; Every person has the right to administrative action that is expeditious, efficient, lawful and procedurally fair. If a right or fundamental freedom of a person has been […]
A Snapshop Of Winding Up Of Companies In Kenya
INTRODUCTION Liquidation or winding up refers to the process whereby the company gives up its business, sells off its assets , pays its debts and distributes whatever surplus remains amongst its members or otherwise as its constitution may provide. Both solvent and insolvent companies may be wound up. In the case of insolvent […]
