Category: family-law
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When parents separate or divorce, one of the most difficult and emotionally charged decisions involves who gets custody of the children. Child custody disputes can be overwhelming, especially if you’re unfamiliar with Kenyan family law. Whether you’re a mother, father, or guardian, this guide will help you understand your legal rights and options when it…
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The Administrator or Executor of a deceased person’s Estate may be removed and substituted if the appointed person dies, is incapacitated or refuses to perform their duties. An application to remove or substitute an administrator or executor may be made by the beneficiaries, co-administrators, co-executors, or creditors of the estate. When a loved one passes…
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Buying land for your children in Kenya in their own name is possible if they are adults. If they are minors, the land can be held in trust by an appointed trustee or guardian, who manages the property until they reach the age of eighteen. Buying land for your children is a legacy move, preserving…
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In Kenya, adoption is a legal process through which a child is permanently placed with an adoptive parent or parents (when applicants are a couple). At the end of the process, the court issues an adoption order vesting full parental rights and responsibilities in the adoptive parents. The child is granted full rights as a…
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A prenuptial agreement is a contract signed by a couple before marriage that outlines how assets, debts, and other matters will be handled during and after their marriage. It serves as a safeguard for couples who wish to protect their interests and avoid disputes in case of divorce or separation. Prenups are legally recognized in…
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Polygamy is legal in Kenya under specific conditions. Men can marry more than one wife if they follow the rules outlined in the Marriage Act. Both Customary and Islamic marriage systems allow polygamy, however, civil, Christian, and Hindu marriages do not. This guide explains how to legally marry two or more wives under customary law…
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Trusts are a powerful legal tool for managing assets and ensuring that they benefit the intended parties. In Kenya, the registration of trusts is governed by a clear legal framework that ensures transparency, accountability, and proper administration. What is a Trust? A trust is a legal relationship created when a person, called the trustee, holds…
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Several circumstances can lead to the invalidation of a will, including when the testator lacks the legal capacity to make the will, improper execution, undue influence, fraud, among other reasons. When these circumstances occur, an affected person may approach a court to invalidate the will. A will ensures that the wishes of the maker (testator)…
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Testate succession refers to the distribution of a deceased person’s estate according to their will. In Kenya, this process is governed by the Law of Succession Act. Testate succession is crucial for individuals who wish to ensure their assets are distributed according to their wishes after their passing. This guide outlines the essentials of testate…
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Intestate Succession is the process used to distribute assets and settle the liabilities of a person who dies without leaving a will. When a person dies without a valid will, they are said to have died intestate.ย In Kenya, intestate succession is governed by the Law of Succession Act. The Act outlines how assets are…
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Writing a valid will ensures that your assets are distributed according to your wishes and spares your loved ones from unnecessary conflict and legal battles. In this guide, we explore the topic – how to write a valid will in Kenya. We discuss the essential elements that make a will legal or binding and are…
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Every customary marriage must be registered as well as meet several other specific requirements to obtain legal recognition. One of these requirements is registration. Failure to register your customary marriage renders it voidable. This article serves as a detailed guide on the process of registering a customary marriage, the impact of non-registration and the importance…