In a significant decision, the Environment and Land Court of Kenya has issued a ruling that strengthens the rights of long-term tenants and squatters against arbitrary eviction. This case involved a group of squatters in Laikipia County who had occupied land for over 20 years. The landowner attempted to evict them without following proper legal procedures, triggering a public interest lawsuit.

The court emphasized that even if tenants or squatters lack title deeds, they are still protected under the Constitution of Kenya, especially where long-term occupation and improvements to the land are evident. The court ruled that the landowner must follow due process, including issuing proper notice and obtaining an eviction order, while considering the historical context of occupation.

This ruling sets a strong precedent for land rights litigation in Kenya, especially in rural and peri-urban areas. At Kabugu & Co. Advocates, we advise all landowners and occupiers to seek legal counsel before taking any action regarding property disputes. This case illustrates the growing judicial awareness of socioeconomic realities and the need to balance property rights with human dignity.

The advent of COVID-19 profoundly disrupted established contractual relations across virtually every industry, leading to unprecedented challenges in performance, interpretation, and enforcement. Businesses frequently encountered scenarios where force majeure clauses were invoked, supply chains fractured, and regulatory changes necessitated rapid renegotiation or termination of agreements. This period highlighted the importance of robust contractual drafting, particularly concerning unforeseen circumstances, and underscored the inherent vulnerabilities of globalized commerce to systemic shocks, forcing parties to re-evaluate their mutual obligations and risk allocation.

Beyond the immediate disruptions, the pandemic also introduced significant competition risks, particularly when businesses sought to adapt to the new economic realities. In times of crisis, there is a heightened temptation for competitors to engage in anti-competitive practices, such as price gouging for essential goods, market sharing to reduce competitive pressure, or collusive agreements to limit supply. Regulatory bodies in Kenya and globally have been vigilant in monitoring such behaviors, emphasizing that while cooperation might be necessary for public health responses, it must not extend to activities that stifle fair competition or exploit vulnerable consumers.

Therefore, as companies navigated the contractual fallout of COVID-19, they also had to remain acutely aware of their obligations under competition law. Any collaborative efforts or agreements between competitors, even if seemingly justified by the crisis, required careful legal scrutiny to avoid accusations of cartel behavior or abuse of dominant market positions. The pandemic served as a stark reminder that even in extraordinary circumstances, the principles of fair competition remain paramount for maintaining healthy markets and protecting consumer welfare, necessitating a delicate balance between crisis response and adherence to anti-trust regulations.