Understanding Parental Leaves in Kenya: Rights, Entitlements, and Legal Framework.
The landscape of employment law is evolving and parental leave continues to play a crucial role in promoting gender equity and family welfare. In Kenya, there exists three forms of parental leaves: Paternity, Maternity, and Pre-adoptive Leaves enshrined in the Employment Act 2007. These provisions offer vital protections to both fathers and mothers in formal […]
Off-Plan Property in Kenya: Opportunities and Legal Safeguards
The Kenyan real estate market is witnessing rapid growth over the past decade, with off-plan property purchases becoming an increasingly attractive investment route for both individuals and institutions. In simple terms, an off-plan purchase is when a buyer commits to buying a property before it is built or completed, based on architectural drawings, brochures, and […]
Legal Remedies for Breach of Contract in Off-Plan Purchases
Despite precautions, disputes often arise when developers fail to deliver as promised. In such cases, the law provides several remedies for aggrieved buyers. Common Breaches by Developers Legal Remedies Available Practical Steps for Buyers in Breach Cases Conclusion Kenyan law provides robust remedies, but success depends on the strength of the Sale Agreement and proper […]
Legal Due Diligence Checklist for Off-Plan Buyers in Kenya
Buying a property off-plan can be an excellent way to secure a home or investment at a lower cost. However, the risks of incomplete projects, delays, and legal disputes make due diligence essential. Here is a step-by-step legal checklist for anyone considering an off-plan property in Kenya. 1. Verify Ownership of the Land 2. Investigate […]
Incorporating a Trust in Kenya: A Legal and Procedural Guide
Trusts have become indispensable in estate planning, charitable initiatives, and asset protection. In Kenya, the incorporation of a trust under statute provides the entity with corporate personality, perpetual succession, and legal capacity to hold and manage property. Types of Trusts The Trustees (Perpetual Succession) Act, Cap. 164 recognizes three categories: Parties to a Trust. Governing […]
The Lawyer’s Role in Off-Plan Property Purchases in Kenya
Kenya’s real estate boom has fueled the rise of off-plan property sales, where buyers commit to properties before they are built. This model offers affordability and phased payments but comes with serious legal risks. The involvement of a property lawyer is therefore not optional, but essential. Common Legal Risks in Off-Plan Transactions Legal Safeguards to […]
FAQ: What Legal Options Do Tenants Have When Landlords Refuse to Refund Security Deposits in Kenya?
1. What should I do if my landlord refuses to refund my security deposit after I vacate the premises? If your landlord refuses to return your security deposit, you have the legal right to pursue a claim to recover it. The choice of legal forum is crucial, as each has different jurisdictional limits. The most […]
Conversion of Land Titles in Kenya: Legal Framework, Process, Challenges, and Opportunities
Kenya’s land registration system has historically been fragmented, governed by multiple laws and registers that created inefficiencies, legal uncertainties, and loopholes for fraud. The 2010 Constitution mandated the consolidation of land statutes and the establishment of a single, coherent system of land registration. This constitutional imperative birthed the Land Registration Act, 2012 (“the LRA”), which […]
Family Trusts in Kenya: A Modern Alternative to Wills
Traditionally, wills have been the primary estate planning instrument in Kenya. However, in recent years, family trusts have gained significant traction as an effective alternative, offering flexibility, confidentiality, and tax efficiencies that wills cannot always guarantee. A Family trust is a non-trading entity that is established by any person either alone or jointly with others […]
Mergers and Acquisitions in Kenya: A Legal Perspective
Mergers and Acquisitions (M&A) play a pivotal role in the growth, competitiveness, and diversification of businesses in Kenya. These transactions not only offer strategic opportunities for expansion but also present complex legal, regulatory, and commercial considerations. At Prof. Tom Ojienda and Associates, we provide expert legal support across the entire M&A lifecycle, from preliminary assessments […]
