Derivative Action Under the Companies Act 2015: New Jurisprudence or Mere Codification of Common Law Principles?

Authors

  • Yohanna Gadaffi Strathmore University (Nairobi, Kenya)
  • Miriam Tatu Kenya School of Law (Nairobi, Kenya)

DOI:

https://doi.org/10.52907/slj.v2i1.16

Abstract

One of the salient features of Kenya’s Companies Act 2015 is the codification of derivative action (the rule in Foss v Harbottle and its exceptions). While the statutory provision for derivative action is aimed at addressing the challenges that arose from common law derivative action, the statutory derivative action fails to achieve this outcome. At best, it is a restatement of the common law principles flowing from the rule in Foss v Harbottle and its exceptions.

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Author Biographies

Yohanna Gadaffi, Strathmore University (Nairobi, Kenya)

LL. BHons, CPS(6), GraduateAssistant, Strathmore Law School, Post-graduate student at the Kenya School of Law.

Miriam Tatu, Kenya School of Law (Nairobi, Kenya)

LL.B. Hons, Lawyer at MMC Africa, Post-graduate student at the Kenya School of Law.

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Published

2016-08-01

How to Cite

Gadaffi, Y., & Tatu, M. . (2016). Derivative Action Under the Companies Act 2015: New Jurisprudence or Mere Codification of Common Law Principles?. Strathmore Law Journal, 2(1), 75–96. https://doi.org/10.52907/slj.v2i1.16

Issue

Vol. 2 No. 1 (2016): Strathmore Law Journal

Section

Articles

License

Copyright (c) 2016 Yohanna Gadaffi, Miriam Tatu

Creative Commons License

This work is licensed under a Creative Commons Attribution 4.0 International License.