WANGU KIMURE ADVOCATE OF THE HIGH COURT OF KENYA/ JUSTICE IS OUR SHIELD AND DEFENDER

  SUCCESSION IN KENYA WHAT IS THE PROCEDURE ? Succession refers to the process of transferring property of a deceased person to those entitled to benefit by inheritance. This is made possible through two ways: a)    If the deceased person had made a valid Will b)    Implementation of the Law, in this case; the Law of Succession Act. Where the deceased has not left behind a Will, the process of succession falls under Intestacy. This can also happen if there is a Will but then it is invalidated by a court of Law, or a testator/testatrix revokes their Will and does not execute another before they die. WHAT THEN, IF THE DECEASED DIES INTESTATE. The beneficiary/beneficiaries are entitled to file a petition in Court to be issued with a Grant of Letters of Administration Intestate. There are Instances where a partial Intestacy may arise where some property of the deceased has been distributed in a Will. In the event an executor successfully proves a valid Will exists, ...

  CHILDREN RIGHTS UNDER THE KENYAN REGIME AND ISSUES ARISING Achieving Best Interest of the Child   Children are adorable, yet vulnerable. They are the future of any generation. By their nature there is need to protect, guide and nurture them to be better and more equipped for posterity of humanity, hence the need for an apt legal and social regime to ensure their wellbeing is looked after.   Article 53 of the Constitution enshrines the rights of the Children and places the obligation to ensure that these rights are met on the parents of the child in equal measure whether or not they are married. These rights include providing quality education basic needs and protecting the children from harmful environments, exploitative labour, neglect, abuse and violence. The constitution goes on to emphasize that the child’s best interest is paramount  in all matters concerning a child.  In July 1990 Kenya ratified the Convention on the rights of the child. On t...

  DIVISION OF MATRIMONIAL PROPERTY IN KENYA What Property is a Spouse entitled to at dissolution of the Marriage?   The question of division of Matrimonial Property arises between parties when their matrimonial union has broken down and a subsequent divorce issued. Division of Matrimonial property is guided by statutes as well as precedent. Under section 6 of the Matrimonial Property Act N0.49 of 2013, matrimonial property is defined to mean- a)    The matrimonial home or homes b)    Household goods and effects in the matrimonial home or homes or; c)     Any other immovable or movable property jointly owned and acquired during the subsistence of the marriage. It is to be noted that property held in trust or subject to pre-nuptial agreements by spouses have been excluded in the definition. By dint of Article 45(3) of the Constitution of Kenya, parties to a marriage have equal rights during the marriage and at the dissolution of the marriage. T...