INVESTOR PROTECTION AND THE CAPITAL MARKETS (CORPORATE GOVERNANCE) (MARKET INTERMEDIARIES) REGULATIONS 2011: A CRITIQUE

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The years 2007 to 2010 have been termed as the dark „jinxed‟ years in the capital markets in Kenya. There was successive, almost guaranteed collapse of stockbrokerage firms which was largely blamed on weak and nonexistent governance systems in the stockbrokerage firms. This research reviews and appraises the effectiveness of the corporate governance regulations enacted for market intermediaries using the collapsed stockbrokerage firms as a reference point. The research highlights the strengths in the regulations, critiques the regulations and draws lessons from another jurisdiction in good corporate governance practices. The research also demonstrates that, without certain fundamental amendments being made to the regulations, they are unlikely to achieve their intended goal. In conclusion, the research makes a cogent argument for those amendments to be done to make the regulations effective.

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