In a key 2025 ruling, the High Court in Bruton Gold Trading LLC v Anne Atieno Amadi & others confirmed that a foreign company can sue in Kenya without being locally registered, provided it is validly incorporated abroad and is not necessarily “carrying on business” in a way that triggers mandatory registration. The court anchored its reasoning in constitutional rights of access to justice, offering foreign investors more comfort that they can enforce contracts in Kenyan courts even amid registration disputes.
Thank you for reading this post, don't forget to subscribe!Other commercial and constitutional decisions have struck down attempts to reorganise state corporations purely by executive order and have scrutinised tax and regulatory actions for legality and due process. Collectively, these judgments are shaping expectations on rule of law, regulatory certainty and the limits of executive power—critical legal undercurrents for businesses and investors as the new year begins.
