In a recent article on the popular website, Techdirt the first line reads: “we learn of a new proposed copyright law in Kenya that not only would be a disaster for the internet in that country, but where the people pushing it [Edward Sigei of Kenya Copyright Board] don’t even seem to understand what they’re talking about. The key element: forcing ISPs to be copyright cops and putting liability on them if they somehow fail to magically stop piracy.”
This blogger is shocked that Techdirt would recklessly publish a piece that tarnishes an entire country’s image and defames a senior copyright expert merely on the basis of one sketchy news article without doing any form of fact-checking or independent research.
This week President Kenyatta (pictured above) signed into law the Companies Bill 2015 that does away with the Companies Act Chapter 486 of the Laws of Kenya which is an archaic piece of legislation dating back to 1948. The new Companies Act is aimed at revolutionising business in the country by removing various pre-existing legislative stumbling blocks to doing business in Kenya. From an intellectual property (IP) perspective, the new Act has several important provisions that will affect how IP assets are managed by various business entities.
With over 1,000 sections, the new Act is incredibly detailed (bulky) and comprehensive. It codifies common law principles – in particular, the indoor management rule and common law fiduciary duties of directors. Along with this, it modernises company law by recognising electronic communication and the use of websites and other electronic avenues for a company’s communications. The new Act has also increased the penalties and fines for offences relating to companies. This blogpost will highlight some of the major changes in the new Companies Act.