The Supreme Court of Kenya’s judgment in the case of Joseph Ombogi Ogentoto v Martha Bosibori Ogentoto (SCORK PET 11 of 2020) in 2023 sparked important discussions around equality and fairness in the division of matrimonial property upon divorce. The Appellant and Respondent, had entered into a customary marriage under Abagusii law that was later...Read More
The Small Claims Courts (SCCs) in Kenya were established under the Small Claims Court Act of 2016, as a subordinate court in the structure of the court system in Kenya under Article 169 (1) (d) of the Constitution. Its primary goal is enhancing access to justice for civil and commercial disputes involving claims up to...Read More
IntroductionA trust is a legal obligation where trustees are required to manage assets they control (known as trust assets) for the benefit of designated individuals (beneficiaries), following the guidelines set out in the Trust deed. It is also referred to as a fiduciary relationship, where the settlor (the person establishing the trust) grants a trustee...Read More
The current land laws came as a relief to many families, especially for women and their children. This is so especially with family property and especially the matrimonial home. Husbands were the sole custodians and owners of the matrimonial homes and would dispose them and charge them at will, without considering the effect of rendering...Read More
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