Investors and litigators headed for Kenya ought to know a few things. The country is roughly a quarter the size of SA and may well be a safer place to live in, with a murder rate in 2015 of about 5.75 per 100,000, compared with SA’s more than 34. The justice system flourishes, though there is an ongoing problem about government ignoring court orders. The courts appear almost as busy as those in SA, with no shortage of litigants on a great variety of issues: land, tax, construction law, government matters and, strange for people in SA, electoral boundaries. Consumer protection is also taken very seriously by the courts, thanks to the special impetus of Kenya’s 2010 constitution. A judgment I read this week, which was delivered earlier this year, involved Kenya’s local Coca-Cola bottlers and marketers. It is of interest to SA as well, as we struggle with how to manage the future of sugary drinks, balancing health issues with job losses.The litigant, Nairobi-based lawyer Mark Ndung’u, ...

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