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Estate Planning and Succession Law - WNK Advocates LLP
This article explains the process of intestate succession in Kenya under the Law of Succession Act, covering the steps to obtain letters of administration, confirmation of grants, and distribution to beneficiaries. It details who can petition for administration, the priority of beneficiaries (spouse, children, parents, etc.), and how property is distributed depending on family structure. The article also addresses life interests for surviving spouses and the rules for remarriage or death. The aim is to provide a simplified guide to estate planning and succession for those without a will.
Debt Recovery and Restructuring - WNK Advocates LLP
The article outlines the debt recovery process for unsecured creditors in Kenya, starting with a formal demand letter. If payment is not made, the creditor may file a debt recovery suit in the appropriate court based on monetary and geographical jurisdiction. The process includes considerations of breach of contract, debtor admissions, defenses, and eventual court hearing. After judgment, execution may involve attaching and selling the debtor's assets.
Data Protection and Privacy Law - WNK Advocates LLP
The article outlines Kenya's Data Protection Act (DPA) of 2019, which established data protection principles, registration requirements for data controllers and processors, and enforcement mechanisms including administrative fines up to KES 5 million or 1% of annual turnover. Criminal penalties for specific offenses can reach fines of KES 3 million or imprisonment of up to ten years. The DPA also grants data subjects rights to compensation and mandates notification obligations before data collection.
November 1, 2024 - WNK Advocates LLP
The article outlines 18 common mistakes to avoid when purchasing land in Kenya, aiming to help buyers navigate the complex process and avoid scams. It covers issues such as due diligence, title verification, and legal compliance. The guide emphasizes the importance of professional assistance and thorough research before any land transaction.
November 9, 2024 - WNK Advocates LLP
The article discusses the legal process of divorce and dissolution of marriage in Kenya, recognizing marriage as a sacred institution but acknowledging that exceptional circumstances may necessitate its end. It outlines the legal grounds and procedures for divorce under Kenyan law, intended to guide individuals navigating marital dissolution.
Navigating Divorce and Dissolution of Marriage in Kenya - WNK Advocates LLP
The article explains the grounds for divorce and dissolution of marriage in Kenya under the Marriage Act, including fault-based grounds such as adultery, cruelty, desertion, exceptional depravity, and irretrievable breakdown. It details specific criteria for irretrievable breakdown and outlines the process from filing a petition to obtaining a Decree Nisi Absolute. The process applies to Christian and customary marriages, with customary marriages having additional grounds under customary law.
18 common mistakes to avoid when purchasing land in Kenya- A comprehensive Guide - WNK Advocates LLP
The article outlines 18 common mistakes to avoid when purchasing land in Kenya, including failing to conduct an official search and site visit, not involving an advocate, not paying stamp duty, buying from a deceased person's estate without succession, and not securing spousal consent. It emphasizes the importance of due diligence, such as verifying the title, conducting historical searches, and using a valuer. The piece also warns against paying deposits without a signed sale agreement and dealing with brokers lacking proper authorization.
Are directors considered employees of a company in Kenya? - WNK Advocates LLP
The article examines the legal status of directors in Kenya, noting that directors are office holders with statutory duties under the Companies Act, 2015, and are not automatically considered employees. It clarifies that a director can become an employee only by entering into a contract of service. The article references UK and Kenyan case law to support the distinction between directorship and employment. It concludes that without a service contract, a director is not an employee, and termination of a service contract does not automatically remove the directorship.
Can a company experience racial discrimination? - WNK Advocates LLP
The article analyzes whether juristic persons, such as companies, can experience racial discrimination under Kenyan law. It cites constitutional provisions and case law, including the South African case of Manong & Associates and the Kenyan case of Al Yusra Restaurant Ltd v Kenya Conference of Catholic Bishops, to argue that a company's racial profile is determined by its controlling shareholders. The court in Al Yusra Restaurant found that the company had suffered discrimination based on ethnicity and religion, awarding compensation. The article concludes that companies, though not natural persons, can be victims of racial discrimination.
Fighting a deportation order in Kenya: Understanding your rights and the available judicial remedies - WNK Advocates LLP
The article outlines the legal framework for deportation in Kenya under the Citizenship and Immigration Act and Penal Code, detailing the power of the Cabinet Secretary and courts to issue deportation orders. It explains that foreigners are entitled to fair administrative action and a fair hearing, including prior notice, opportunity to be heard, and legal representation. Judicial remedies are available if deportation proceedings are irregular or unfair, with courts able to quash orders and vacate deportations. The article emphasizes the importance of procedural due process for aliens, as established in Kenyan case law.