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We are committed to staying up to date with the legal developments in all the sectors that we work in and our lawyers provide regular insight and commentary on developments across South Africa and Kenya’s legal landscapes.

26 March 2025 Article

Kenyan High Court rules that unregistered foreign lenders cannot sue defaulting borrowers

Advancing credit and having means to enforce against a borrower on default are fundamental to the operations of any financial institution. Recently, the High Court of Kenya has issued some puzzling decisions, creating uncertainty regarding the ability of foreign companies incorporated outside Kenya to enforce loan agreements with Kenyan counterparties in Kenyan courts. In summary, the courts have held that foreign lenders who have not registered in Kenya lack the legal capacity to enforce their rights against borrowers who default on loan repayments.

Corporate & Commercial Law2 min read

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We are committed to staying up to date with the legal developments in all the sectors that we work in and our lawyers provide regular insight and commentary on developments across South Africa and Kenya’s legal landscapes.