The Report Kenya 2014

The country has a strong private sector and received encouraging forecasts of new oil, gas and water reserves, which if harnessed appropriately bode well for future growth. While a pending international court case resulting from prior elections provoked a measure of uncertainty, the country’s medium to long-term economic outlook is robust. With over 40% of the population under the age of 15, Kenya stands to benefit from a significant demographic dividend, provided that sufficient jobs can be found when this population bulge enters the workforce. The country has a reasonably sized industrial base, competitive infrastructure and a large agricultural sector, all of which offer opportunities for capital-intensive investment.

The 2015 Brookings Financial and Digital Inclusion Project (FDIP) Report and Scorecard evaluate access to and usage of affordable financial services across 21 geographically and economically diverse countries. The 2015 FDIP Report and Scorecard seek to answer a set of fundamental questions about today's global financial inclusion efforts, including: 1) Do country commitments make a difference in progress toward financial inclusion?; 2) To what extent do mobile and other digital technologies advance financial inclusion?; and 3) What legal, policy, and regulatory approaches promote financial inclusion? John D. Villasenor, Darrell M. West, and Robin J. Lewis analyzed the financial inclusion landscape in Afghanistan, Bangladesh, Brazil, Chile, Colombia, Ethiopia, India, Indonesia, Kenya, Malawi, Mexico, Nigeria, Pakistan, Peru, the Philippines, Rwanda, South Africa, Tanzania, Turkey, Uganda, and Zambia. Countries received scores and rankings based on 33 indicators spanning four dimensions: country commitment, mobile capacity, regulatory environment, and adoption of traditional and digital financial services. The authors' analysis provides several takeaways with respect to expanding financial inclusion across diverse cultural, economic, and political contexts: · Country commitment is fundamental. · Movement toward digital financial services will accelerate financial inclusion. · Geography generally matters less than policy, legal, and regulatory changes, although some regional trends in terms of financial services provision are evident. · Central banks, ministries of finance, ministries of communications, banks, nonbank financial providers, and mobile network operators play major roles in achieving greater financial inclusion. · Full financial inclusion cannot be achieved without addressing the financial inclusion gender gap. This year's Report and Scorecard are the first of a series of publications intended to provide policymakers, the private sector, nongovernmental organizations, and the general public with information that can help improve financial inclusion in these countries and around the world.

The Kenyan economy performed comparatively well in 2015, even in the face of global economic headwinds. According to the World Bank, GDP growth is expected to reach 5.4% for the year, aided in large part by sustained public sector capital spending. The country has a strong private sector and received encouraging signs of new oil, gas and water reserves, which if harnessed appropriately bode well for future growth. The country’s medium- to long-term economic outlook is robust. With over 40% of the population under the age of 15, Kenya stands to benefit from a significant demographic dividend, provided that sufficient jobs can be found when this population enters the workforce. The country has a reasonably sized industrial base, competitive infrastructure and a large agricultural sector, all of which offer opportunities for capital-intensive investment.

As the largest economy in the EAC and COMESA in terms of GDP, Kenya has positioned itself as a major economic power in sub-Saharan Africa. Traditionally a largely agrarian economy, Kenya has quickly entrenched its position as a manufacturing, logistics and technology hub in the region, and this diversification forms a solid platform from which the government can generate economic growth over the coming years. The resolution of the electoral process, improving business confidence and strong private consumption are likely to support GDP expansion over 2018 and into 2019. In April 2018 the IMF estimated the economy would expand by 5.5% in 2018 and 6% in 2019, compared to 4.8% in 2017.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in the Kenya covers every aspect of the subject – the various forms of restrictive agreements and abuse of dominance prohibited by law and the rules on merger control; tests of illegality; filing obligations; administrative investigation and enforcement procedures; civil remedies and criminal penalties; and raising challenges to administrative decisions. Lawyers who handle transnational commercial transactions will appreciate the explanation of fundamental differences in procedure from one legal system to another, as well as the international aspects of competition law. Throughout the book, the treatment emphasizes enforcement, with relevant cases analysed where appropriate. An informative introductory chapter provides detailed information on the economic, legal, and historical background, including national and international sources, scope of application, an overview of substantive provisions and main notions, and a comprehensive description of the enforcement system including private enforcement. The book proceeds to a detailed analysis of substantive prohibitions, including cartels and other horizontal agreements, vertical restraints, the various types of abusive conduct by the dominant firms and the appraisal of concentrations, and then goes on to the administrative enforcement of competition law, with a focus on the antitrust authorities’ powers of investigation and the right of defence of suspected companies. This part also covers voluntary merger notifications and clearance decisions, as well as a description of the judicial review of administrative decisions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in the Kenya will welcome this very useful guide, and academics and researchers will appreciate its value in the study of international and comparative competition law.

The disproportional loss of individuals to HIV/AIDS in their most productive years raises concerns over the welfare of surviving members of affected families and communities. One consequence of the rapid increase in adult mortality is the rise in the proportion of children who are orphaned. Sub-Saharan Africa, accounts for about 90 percent of these. Mainly due to the staggering toll of HIV/AIDS, research effort has focused on treatment and prevention. Children have received attention primarily in relation to 'mother to child transmission' and paediatric AIDS. These issues are important and compelling but fail to capture the whole story - the unprecedented surge in the number of children made vulnerable by HIV/AIDS. In this book we reflect on the plight of children classified as vulnerable, review interventions implemented to improve their welfare and grapple with the concept of vulnerability as it relates to human rights and the African child.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical guide to cyber law – the law affecting information and communication technology (ICT) – in Kenya covers every aspect of the subject, including intellectual property rights in the ICT sector, relevant competition rules, drafting and negotiating ICT-related contracts, electronic transactions, privacy issues, and computer crime. Lawyers who handle transnational matters will appreciate the detailed explanation of specific characteristics of practice and procedure. Following a general introduction, the book assembles its information and guidance in seven main areas of practice: the regulatory framework of the electronic communications market; software protection, legal protection of databases or chips, and other intellectual property matters; contracts with regard to software licensing and network services, with special attention to case law in this area; rules with regard to electronic evidence, regulation of electronic signatures, electronic banking, and electronic commerce; specific laws and regulations with respect to the liability of network operators and service providers and related product liability; protection of individual persons in the context of the processing of personal data and confidentiality; and the application of substantive criminal law in the area of ICT. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Kenya will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative law in this relatively new and challenging field.

This Fiscal Transparency Evaluation (FTE) assesses the quality of fiscal reporting in Kenya against the principles set out in the Fiscal Transparency Code. Kenya has experienced a lot of structural and economic changes since 2014. One of the key objectives of this FTE is to estimate Kenya’s balance sheet, and to cover as many as possible of the entities in the public sector. The coverage of Kenya’s reporting of fiscal statistics has improved considerably. The report discusses that Kenya continues to perform well in the overall transparency of its fiscal forecasting and budgeting practices (Pillar II of the Code), which is based on a strong legal framework. It does so against a backdrop of significant ongoing reforms, including far-reaching fiscal devolution to counties, and the introduction of performance-based budgeting. A recent important change in the law is expected to synchronize the submission and approval of the government’s spending proposals and the tax measures in the Finance Bill. The recommendations set out under each of the pillars of this report aim to address several challenges. The report also encourages the authorities to continue with the implementation of the recommendations set out in the 2014 report, on which good or satisfactory progress has been made in about half the cases.