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In Kenya, the Constitution of Kenya 2010, the Marriage Act 2014, the Matrimonial Causes Act Cap 152 Laws of Kenya, the Matrimonial Property Act 2013 and the various customary laws governs divorce proceedings;

Kinds of marriages under the Marriage Act 2014,

(1) A marriage may be registered under this Act if it is celebrated

• In accordance with the rites of a Christian denomination;
• As a civil marriage;
• In accordance with the customary rites relating to any of the communities in Kenya;
• In accordance with the Hindu rites and ceremonies; and
• In accordance with Islamic law.

(2) A Christian, Hindu or civil marriage is monogamous.

(3) A marriage celebrated under customary law or Islamic law is presumed to be polygamous or potentially polygamous.

Commencing a divorce in Kenya also results in other additional causes being filed as follows; –

1. Divorce Petition at the Family Court;

2. Child/Children Cause at the Children’s Court- falls under family Court;

3. Matrimonial Property Cause as division of matrimonial property –falls under family Court.

Here’s a general overview of what happens during a divorce in Kenya:

1. Grounds for Divorce: Either party must prove that the marriage has irretrievably broken down, which can be established through specific grounds such as adultery, cruelty, desertion, or separation for a continuous period of at least two years.

2. Filing the Petition: The party seeking divorce (the petitioner) files a petition with the court stating the grounds for divorce and any other relevant details. The petition should be supported by evidence.

3. Service of Petition: The petitioner serves a copy of the divorce petition to the other spouse (the respondent), who then has an opportunity to respond.

4. Response and Counter-Petition: The respondent may file a response, agreeing or disagreeing with the divorce petition. They can also file a counter-petition, stating their own grounds for divorce.

5. Mediation: The court may refer the couple to mediation in an attempt to reconcile their differences and reach a settlement. If mediation fails, the divorce proceedings continue.

6. Division of Property: The court determines the division of property, assets, and debts accumulated during the marriage. The aim is to achieve a fair and equitable distribution.

7. Child Custody and Support: If the couple has children, custody, visitation rights, and child support will be determined based on the best interests of the child.

8. Decree Nisi and Decree Absolute: If the court is satisfied that the marriage has irretrievably broken down, it issues a Decree Nisi, which is a provisional divorce order. After a specified period, typically six months, the court issues a Decree Absolute, which makes the divorce final.

It’s important to note that divorce procedures can vary depending on the specific circumstances of the case and the applicable laws.

Consulting with a proficient legal professional in Kenya would provide you with more accurate and detailed information tailored to your situation.

In case of further queries, you can contact us at info@mwendanjagilaw.co.ke

In Kenya, the following key laws and legislations govern employment: –

1. The Constitution of Kenya, 2010;
2. The Employment Act 2007;
3. The Labour Relations Act No. 12 of 2007;
4. The Occupational Safety and Health Act 2007;
5. The Works Injury Benefits Act, 2007;
6. The National Social Security Fund Act;
7. The National Health Insurance Fund Act;

The Employment and Labour Relations Court Act 2014 and the Employment and Labour Relations (Procedure) Rules 2016 govern the establishment, jurisdiction, mandate and procedure of handling disputes in the Employment and Labour Relations Court.

International treaties have also been ratified, including International Labour Organization conventions such as:

• • The Forced Labour Convention;
  • The Equal Remuneration Convention;
  • The Minimum Age Convention; and
  • The Worst Forms of Forced Labour Convention.

If you are retrenched from your job in Kenya, there are certain legal provisions and processes that come into play.

Here’s a general overview of what happens if you are retrenched:

1. Notice Period: Your employer is required to provide you with a written notice of termination or pay you in lieu of notice. The notice period depends on the length of your continuous service with the employer.
2. Severance Pay: If you have been employed continuously for at least 12 months, you may be entitled to severance pay. The amount is based on your length of service and your remuneration.
3. Consultation and Notification: Before implementing any retrenchment measures, employers are usually required to consult with the affected employees or their representatives. They must also notify the Ministry of Labour at least one month before carrying out any retrenchments.
4. Selection Criteria: Employers must use fair and objective selection criteria when deciding which employees will be retrenched. These criteria may include skills, qualifications, experience, performance, and other relevant factors.
5. Redundancy Compensation: In some cases, employees who are retrenched due to redundancy (e.g., the job is no longer necessary) may be entitled to additional compensation, known as redundancy pay. The amount is determined by the terms of employment or collective bargaining agreements.
6. Job Placement Assistance: Some employers or industry-specific regulations may require the provision of job placement assistance or retraining opportunities to retrenched employees.

Consulting with a proficient legal professional in Kenya would provide you with more accurate and detailed information tailored to your situation.

In case of further queries, you can contact us at info@mwendanjagilaw.co.ke

In Kenyan law, there is a distinction between a title deed and a certificate of lease, which are two different forms of land ownership documentation.

Here’s an overview of the difference between the two:

1. Title Deed: A title deed, also known as a land title or a freehold title, represents absolute ownership of land. When you possess a title deed, it signifies that you have full and exclusive rights over the land without any limitations or conditions. Title deeds are typically issued for private land or land held under freehold tenure.
2. Certificate of Lease: A certificate of lease, on the other hand, is a document that grants the leasehold interest in land. Leasehold tenure involves the right to use and occupy the land for a specified period of time, subject to the terms and conditions stated in the lease agreement. The lease may be granted by the government or a landowner and can have different durations, such as 25, 50, or 99 years.

Key differences between a title deed and a certificate of lease include:

• Ownership: A title deed signifies full ownership rights, while a certificate of lease grants a leasehold interest, which is a temporary and limited form of ownership.
• Duration: A title deed provides indefinite ownership, while a certificate of lease has a specific lease term, after which the land may revert to the owner or the government.
• Conditions: Title deeds generally have no significant conditions or restrictions, whereas certificates of lease may include conditions and terms set out in the lease agreement, such as payment of rent or development obligations.

It’s important to note that the specific terms and conditions associated with title deeds and certificates of lease can vary depending on the circumstances, land tenure systems, and applicable laws or regulations.

Consulting Mwenda Njagi & Co. Advocates & Mediators who are well versed with land related matters in Kenya for precise information regarding individual cases or land transactions will help you in getting informed counsel.

In case of further queries, you can contact us at info@mwendanjagilaw.co.ke

Alternative Dispute Resolution (ADR) refers to methods of resolving disputes outside of traditional court litigation. These methods are generally aimed at facilitating communication, negotiation, and agreement between parties in a more informal and cooperative manner.

In Kenya, various laws and regulations, including, govern ADR methods:

1. The Constitution of Kenya, 2010: The Constitution recognizes and promotes the use of alternative forms of dispute resolution, including traditional dispute resolution mechanisms.
2. The Civil Procedure Act, Cap 21 Laws of Kenya: This Act provides the legal framework for ADR methods such as mediation and arbitration in civil matters. It outlines the procedures, qualifications of mediators/arbitrators, and enforcement of ADR agreements.

Here are some common examples of ADR methods in Kenya:

1. Mediation: Mediation involves a neutral third party (mediator) who facilitates communication and negotiation between the disputing parties to help them reach a mutually acceptable resolution. The mediator does not impose a decision but assists in finding a voluntary settlement.
2. Arbitration: Arbitration is a more formal process where an arbitrator or an arbitration panel is appointed to hear the arguments and evidence presented by both parties. The arbitrator’s decision, known as an arbitral award, is legally binding on the parties.
3. Conciliation: Conciliation is similar to mediation, where a conciliator assists the parties in resolving their dispute. The conciliator may provide suggestions and proposals to facilitate the agreement.
4. Negotiation: Negotiation is a direct communication between the parties involved, where they seek to resolve the dispute through discussion and compromise without involving a third party.

It’s important to note that the specific laws governing ADR in Kenya may vary depending on the type of dispute, industry-specific regulations, or contractual agreements.

Additionally, there are various institutions and organizations in Kenya, such as the Judiciary, the Chartered Institute of Arbitrators Kenya, and the Kenya Mediation Accreditation Committee, which provide guidelines, rules, and accreditation for ADR practitioners.

When facing a dispute, it’s advisable to consult a legal professional or an ADR specialist who can guide you on the relevant ADR method to pursue and the specific laws applicable to your case.

Consulting Mwenda Njagi & Co. Advocates & Mediators who are an accredited Court Public Mediator and Fella of the Arbitration Chapter In Kenya will provide you with more accurate and detailed information tailored to your situation.

In case of further queries, you can contact us at info@mwendanjagilaw.co.ke

In Kenya, Land ownership and various land related disputes are governed by the following laws and legislations, including but not limited to: –

1. The Constitution of Kenya, 2010;
2. The Land Act No. 2 of 2012;
3. The Land Registration Act No. 3 of 2012;
4. The National Land Commission No. 4 of 2012;
5. The Community Land Act No. 5 of 2016;
6. The Sectional Properties Act no. 21 of 2020;
7. The Land Control Act;
8. The Landlord and Tenant (Hotels, Shops and Catering Establishments) Act;
9. The Sectional Properties Act; and
10. The Distress for Rent Act.

The New laws have repealed the following statutes:

• The Indian Transfer of Property Act;
• The Government Lands Act;
• The Registration of Titles Act;
• The Land Titles Act;
• The Registered Land Act;
• The Way leaves Act; and
• The Land Acquisition Act.

If you have a land ownership issue, here are some general steps you can take:

1. Gather Relevant Documents: Collect all relevant documents related to the land, such as title deeds, leases, sale agreements, or any other proof of ownership or transactions.
2. Seek Legal Advice: Consult with a qualified lawyer who specializes in land matters. They can provide guidance on the specific legal aspects of your case, assess your rights and options, and represent you in legal proceedings if necessary.
3. Alternative Dispute Resolution: Explore the possibility of resolving the dispute through alternative dispute resolution methods, such as negotiation, mediation, or arbitration. This can help avoid lengthy court processes and find mutually acceptable solutions.
4. File a Lawsuit: If alternative dispute resolution fails or is not feasible, you may consider filing a lawsuit in court to assert your land ownership rights. Your lawyer will guide you through the process and represent you in court.

It’s important to note that land disputes can be complex and time-consuming.

Each case is unique, so it’s crucial to seek personalized legal advice based on the specific details of your situation.

Consulting with a proficient legal professional in Kenya would provide you with more accurate and detailed information tailored to your situation.

In case of further queries, you can contact us at info@mwendanjagilaw.co.ke