Issue one

Crypto-Assets and Insolvency: The Complex Intersection

Crypto-assets are virtual currencies that use cryptography for security and operate on decentralized networks based on blockchain technology. The use of crypto-assets, as medium of exchange or storage of value, is on the rise globally, with Kenya not being an exception. However, this increased popularity of crypto-assets has brought about new legal challenges, including those […]

Sailing through Choppy Waters

In our first article this year, we delved into the factors that will contribute to distress of companies in 2024 and concluded that despite the unpredictable nature of 2023, one thing remains certain: currency fluctuations, interest rate, and inflation risks will continue to loom large over businesses. In this article, we explore strategies that can […]

Environmental Social and Governance (ESG): The Saving Grace in Distressed Times

In recent years, the world has grappled with a cascade of challenges, from a global pandemic that disrupted supply chains to the relentless specter of climate change. These crises have underscored the paramount importance of resilience in business models. Environmental, Social, and Governance (ESG) principles, once considered peripheral, now constitute the bedrock of this resilience. […]

Alternative Dispute Resolution (ADR): A Catalyst for Sustainable Solutions in Corporate Distress

In corporate dynamics, conflicts and disputes are inevitable. When financial distress engulfs a company, there are legal complexities that exacerbate the distress, and this may lead to protracted litigation, financial drain, and complete shutdown of the company. Alternative Dispute Resolution (ADR), if effectively used, can be a beacon of hope, fostering timely, collaborative, and efficient […]

Let us give collective debt resolution a try!

More often than not, business owners and financiers enter into funding agreements with good intentions. However, when things get tough the good intentions tend to quickly evaporate with involved parties rushing to secure their interests. The situation is even more chaotic where there are multiple financiers with different rights. Read More

The Umpire: Unraveling the Vital Role of the Official Receiver in Kenya’s Insolvency Regime

Imagine the Official Receiver (OR) as the steadfast guardian of order in the intricate world of insolvency, orchestrating the methodical distribution of assets to creditors while safeguarding the rights of every stakeholder in the insolvency process. In this article, we delve into the pivotal role of the OR in Kenya’s insolvency landscape, shedding light on […]

Unveiling the Curtain- Decoding the Fall of Corporate Giants

In the ever-shifting landscape of corporate titans, where success can turn into failure in a flash, there is a tale as old as business itself. It is a narrative of corporate governance teetering on the edge of financial stability – a tale of missteps that would make even the most agile acrobat cringe. The corporate […]

And the Verdict Is? Grim Reading for Distressed Companies

It is no disclosure that from both a micro and macro standpoint, global economic forecasts look bleak. The IMF in its recent World Economic Outlook 2023 has described the current international market conditions as fragile, with core inflation expected to continue on an upward trajectory. For developing countries like Kenya, the consequences of runaway inflation […]