Legal updates
Debunking Changes To The Law Of Succession (Ammendment) Act, 2021
A. Introduction “When it comes to divide an estate, the politest men quarrel.” By Ralph Waldo Emerson Succession or inheritance is defined in the Black’s Law Dictionary 5th Edition as “the devolution of title to property under the law of descent and distribution....
Caxstone Kigata, Kennedy Kithinji and Damaris Muia | Nov 25, 2021 | 0 Comments | 11 min read
Two Wrongs Do Not Make A Right – the Mutation Of Garnishee Orders To Yokes Of Injustice
“The kind of fasting I want is this: Remove the chains of oppression and the yoke of injustice, and let the oppressed go free” so says Isaiah 58:6. A Garnishee is defined as a party who is in possession of money or property of a debtor and has been notified...
Allen Gichuhi and Caxstone Kigata | Nov 16, 2021 | 0 Comments | 6 min read
Non-Citizens in Kenya have no Pre-Emptive Rights on Leasehold Land
The Effect and Purpose of Article 65 of The Constitution of Kenya & Analysis of Malindi Law Society vs the Attorney General & Another (2021) eKLR. A. Introduction To quote Justice Nyamu in Richard Nduati Kariuki vs. Honourable Leonard Nduati Kariuki&...
Virginiah Nduta and Brian Pareno | Nov 15, 2021 | 0 Comments | 5 min read
Whether an advocate in their individual capacity can open, operate and manage a bank account or accounts for purposes of conducting their practice
ISSUES FOR DETERMINATION (a) Whether an Advocate qualified under section 9 of the Advocates Act and practicing in his own name is required to register under the Registration of Business Names Act, Cap 499; 1. Pursuant to the Amendment to section 32 of the Advocates...
Charles Wamae, Damaris Muia and Ivy Mburu | Nov 10, 2021 | 0 Comments | 3 min read
The law regarding transfer of shares by transmission
A. Introduction A Share can be defined as a single unit of ownership in a Company. It is transferred from one person to another through a share transfer document duly executed by or on behalf of both the transferor and the transferee. Section 497 of the Companies...
Charles Wamae and Shalma Maina | May 18, 2021 | 0 Comments | 7 min read
A resignation letter may be vitiated by rescission impairing an employer to act on the letter
Introduction Billy Collins, an American Poet once said that: “The pen is an instrument of discovery rather than just a recording implement. If you write a letter of resignation or something with an agenda, you're simply using a pen to record what you have thought...
Caxstone Kigata | Apr 26, 2021 | 0 Comments | 14 min read
Protection of Intellectual Property in the 21st Century: A Focus on Copyright Protection
As with all other areas of law, intellectual property rights came along so as to protect an individual’s intangible creation and innovation of the mind. Nick Harckaway, author of the Blind Giant, expressed his idea of intellectual property in the following words:...
Caxstone Kigata | Jan 25, 2021 | 0 Comments | 8 min read
Advocates be cautious: – Litigate your case in the press or on the internet at your own risk
Van Vechten Veeder, a United States Judge stated: “one's good name is as truly the product of one's efforts as any physical possession; indeed, it alone gives to material possessions their value.” It therefore follows that a person’s name or reputation ought to be...
Caxstone Kigata | Dec 7, 2020 | 0 Comments | 9 min read
Away with colonial mindsets: A three judge bench of the High Court rules that murder trials ought to be initiated in the Magistrates Courts and not the High Court.
The former Chief Justice, Dr. Willy Mutunga firmly stated in the year 2012, that colonial mindsets have persisted, in the executive, the legislature and, unfortunately, even in the judiciary, even after independence. In a bid to promote progressive jurisprudence in...
Caxstone Kigata | Nov 30, 2020 | 0 Comments | 5 min read
Implications of the companies (beneficial ownership information) regulations, 2020
A. INTRODUCTION Pursuant to Section 93A of the Companies Act and the Companies (Beneficial Ownership Information) Regulations, 2020 (hereinafter referred to as “the Regulations”), every Company duly incorporated in Kenya is required to disclose information as...
Charles Wamae and Shalma Maina | Nov 5, 2020 | 0 Comments | 6 min read
