Articles2021-10-05T16:42:44+00:00

Law Articles

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LEGAL ALERT 2/2021: SECTIONAL PROPERTIES ACT

Kibatia & Company Advocates aims to provide compliance support and legal advice to Clients on an ongoing basis which is direct, practical & innovative.  To this end, we hereby give the legal alert on the following: LONG TERM LEASES UNDER THE LAND REGISTRATION ACT (No. 3 of 2012) AND THE SECTIONAL PROPERTY ACT, 2020 LAWS OF KENYA Introduction: The promulgation of the Constitution of Kenya in 2010 ushered in a new dispensation in terms of land policy in Kenya. [...]

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LEGAL ALERT 1/2021: LAND TITLE CONVERSION

Kibatia & Company Advocates aims to provide compliance support and legal advice to clients on an ongoing basis which is direct, practical and innovative. To this end, we hereby give the legal alert on the following: LAND TITLE CONVERSION UNDER THE LAND REGISTRATION ACT (No.3 of 2012) AND THE LAND REGISTRATION (REGISTRATION UNITS) ORDER, 2017 LAWS OF KENYA Introduction: The Cabinet Secretary for Lands and Physical Planning, through the Gazette Notice dated 31st December 2020 Special Issue (Vol.CXX-11-No.242) and [...]

PRE-MARITAL AGREEMENTS IN KENYA

The prenuptial document (Prenup) under The Matrimonial Property Act is an agreement made by parties to an intended marriage and which establishes the property and financial rights of each spouse in the event of a divorce. It sets out the terms of ownership of assets, how to treat future earnings between the parties, control of the property and how the properties will be divided in the unfortunate event of a divorce. This agreement on its own takes precedence over other principles of subdividing matrimonial property.

THE ADOPTION PROCESS IN KENYA: WHAT YOU NEED TO KNOW

Both the Constitution and the Children’s Act are instructive in matters of child adoption in Kenya. In any matter concerning a child, the child’s best interests are of paramount importance as set out under Article 53 (2) of the Constitution. The High Court is vested with the jurisdiction to make adoption orders pursuant to Section 154 of the Children’s Act. Children matters are heard in chambers for purposes of protecting the identity of the child and that of the adoptive parent(s).

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