To verify a Title Deed, you must conduct an official land search (also known as a Green Card search) at the relevant Land Registry. For Nairobi properties, this is done via the Ardhisasa platform. This legal search confirms the true owner, the exact size of the land, and checks for encumbrances—such as bank loans, caveats, or court orders—that would prevent a sale. We recommend never paying a deposit until your advocate has confirmed the Certificate of Official Search.

If a loved one dies intestate (without a Will), the immediate family must apply to the High Court for a Grant of Letters of Administration to unlock the deceased's assets. The process involves filing the P&A 80 form, listing all beneficiaries and assets, and publishing a notice in the Kenya Gazette. Once the Grant is confirmed (usually after 6 months), the administrator can legally distribute the property. Wanyoike & Partners can guide you through this court process to ensure a smooth transfer.

Unfair Termination occurs when an employer fires an employee without a valid reason or fails to follow the mandatory procedure outlined in Section 41 of the Employment Act. This includes the right to receive a show-cause letter, the right to a disciplinary hearing, and the right to be accompanied by a colleague or union representative. If you were dismissed without these steps, you may be entitled to compensation for wrongful dismissal through the Employment and Labour Relations Court.

The main difference is liability. In a Sole Proprietorship (Business Name), you and the business are the same; if the business has debts, your personal assets (like your car or house) can be auctioned to pay them. In a Limited Company (Ltd), the business is a separate legal entity, meaning your personal assets are generally protected. For professional credibility and asset protection, we highly recommend registering a Limited Company.

No. Under the Land Registration Act and Matrimonial Property Act, any land acquired during marriage or used as the family home requires written Spousal Consent before it can be sold, leased, or used as security for a loan. The Land Control Board (LCB) will require the spouse to appear in person to give this consent. Any transfer of land done without this consent is illegal and can be nullified by the court.

Under the Marriage Act 2014, you cannot simply divorce because you "fell out of love." You must prove that the marriage has irretrievably broken down. The valid grounds include: Adultery, Cruelty (mental or physical violence), Desertion (for at least 3 years), or Exceptional Depravity. If it is a civil marriage, you generally must be married for at least 3 years before filing for divorce, unless you can prove exceptional hardship.

Kenyan law (specifically the Children Act 2022) does not automatically favor the mother or the father. The court's only priority is the Best Interest of the Child. While mothers are often granted actual custody (living with the child) for children of "tender years" (under 10), fathers are frequently granted legal custody (decision-making power) and visitation rights. Custody can be shared, and financial support is a shared responsibility of both parents.

Yes, but you must follow the correct procedure. Before rushing to court, you must have a lawyer send a formal Demand Letter. This warns the debtor that legal action is imminent if they don't pay within a set time (usually 7-14 days). Often, a demand letter from a law firm is enough to make them pay. If they still refuse, we can file a civil suit for Breach of Contract or Summary Judgment to recover your money plus interest.

A Commissioner for Oaths is an advocate authorized by the Chief Justice to administer oaths. You need one to verify Affidavits (sworn statements used in court or for lost IDs), Statutory Declarations, and to witness official government forms (like Passport applications). Wanyoike & Partners offers this as a walk-in service at our Kiambu offices.

You can write your own Will, but it is risky. For a written Will to be valid under the Law of Succession Act, it must be signed by you and witnessed by two competent witnesses who are present at the same time. Crucially, beneficiaries cannot be witnesses—if your wife witnesses your Will, she may lose her inheritance. We recommend having a lawyer draft it to ensure it is watertight and stored safely.