LEGAL INSIGHTS WITH ABIGAEL MOKUA

In my last blog post on Alternative Dispute Resolution (ADR), I gave a general introduction and briefly mentioned the common types of ADR, like mediation, arbitration, negotiation, and conciliation. That post was more of an overview just to get us started. In today’s post, I want us to go a little deeper. I’ll be breaking down each type of ADR one by one, what it really means, how it works, its main features, and the kinds of situations where it’s most useful. This is a simple guide to help you understand the different ways people can resolve disputes without going to court. 1. MEDIATION   Mediation is a structured and voluntary process where a neutral third party, called a mediator , assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to participate in the process actively. The mediator doesn't make decisions or take sides but creates a safe space for open, respectful ...

As promised, here are some of the key life lessons I’ve learned throughout law school, lessons that shaped me just as much as the legal concepts did.  1.      DEVELOP A RELATIONSHIP WITH GOD There are truly no words that can fully capture the value of this, but let me try. A relationship with God has literally saved my life. Life is tough, and doing it without God only makes it harder. I mean walking with God under Grace has truly helped me.  I may not preach a whole sermon right now (though I absolutely could), but what I mean is allowing the Grace of God to enter your life, to renew your mind, strengthen you, bring clarity, transform you, and constantly remind you that you are nothing less than a Child of the Most High God. Discovering who I am started with understanding who I was created to be. The mindset that God desires for you isn’t built through striving, it’s received through surrender to the Holy Spirit. 2.      GET CLEAR ON YOUR GOALS J...

I know most of my blog posts are usually about breaking down and simplifying legal concepts, but today, I want to do something different. I want to pause the educating and take a moment to share my journey through law school, raw, unfiltered, and straight from the heart. My hope is that as you read this, you’ll be reminded that it’s okay to stumble, it’s okay to take time to find your path, and most importantly, it’s okay to be human. If you’ve ever felt like giving up, I hope this encourages you to keep going and stay focused on your goal. You’re not alone.  I’ve spent the last few years walking through one of the most demanding yet beautiful journeys of my life, law school. From the moment I received my admission letter, I knew my life was about to change, but I didn’t fully grasp just how much I would grow, learn, and evolve not just as a future lawyer, but as a woman of purpose, discipline, and faith. Now, as I prepare to turn the page and step into a new season, I feel led to...

Disagreements are a part of life, but going to court isn't always the best or only way to solve them. That’s where Alternative Dispute Resolution ( ADR) comes in. In this blog post, we’ll break down what ADR is, why it’s important, and the common forms it takes in Kenya.   INTRODUCTION   Alternative Dispute Resolution, or ADR, refers to different ways people can resolve conflicts without going to court. As Brown and Marriott explain, it involves a variety of methods that help parties settle their disputes with the support of a neutral third party: someone who isn’t on either side. Instead of battling it out through long, expensive court processes, ADR gives people a chance to find common ground and reach an agreement in a more peaceful and practical way.   According to Article 159 of the Kenyan Constitution, when courts and tribunals are carrying out their duties, they should be guided by certain principles. One of these is the promotion of alternative ways of resolving d...

Welcome to the final part of my 4-part blog series on the Law of Succession. In this concluding piece, we delve into how succession operates in polygamous unions under Section 40 of the Law of Succession Act. Understanding these provisions is essential, especially in a society where polygamy remains a legal and recognized form of marriage.  INTESTATE SUCCESSION IN POLYGAMOUS MARRIAGES   Section 40 of the Law of Succession Act (LSA) outlines how inheritance is handled when a person in a polygamous marriage passes away. It states that the deceased’s personal and household possessions, along with the remaining estate, should be distributed among the different households. The distribution is done proportionately, based on the number of children in each household, with each child and surviving spouse being considered as one unit within their respective households. Just like in monogamous unions, each surviving spouse in a polygamous setup is entitled to receive their household’s s...

 When a person dies without leaving a valid will, they are said to have died intestate. In Kenya, intestate succession is governed by the Law of Succession Act, which outlines how the deceased’s estate should be distributed among surviving relatives. Understanding how this process works is essential, especially in a country where many people pass away without formalizing their wishes in a will. In this post, I’ll break down what intestate succession really means, then take a closer look at how succession is handled in monogamous unions.  In Kenya, the law only accounts for the spouse(s) and blood relatives of the deceased person, with the children of the deceased being given priority over all other blood relatives. Additionally, both monogamous and polygamous marriages are allowed In Kenya. This is found under Section 2,3 and 6 of the Marriage Act 2014. Therefore, the law of succession has also provided for both settings, if the deceased died intestate.  Children who are ...

 Last week on the blog, I defined what a will is and gave a general overview of the requirements for its formal validity. See  UNDERSTANDING LAW OF SUCCESSION: A GUIDE TO WILLS AND INHERITANCE it will give you a solid foundation for today’s discussion. This week, I’m taking it a step further by breaking down those requirements in more detail. We’ll also look at the key characteristics of a valid will. Whether you’re a law student or simply interested in succession law, this post will help you gain a deeper understanding of what gives a will its legal effect. FORMAL VALIDITY OF A WILL            1. CAPACITY   This section will discuss capacity in two parts which are age and mental capacity.   Age- According to Section 5(1) of the Law of Succession Act , the law grants every individual who has reached the age of majority, which is 18 years, the legal capacity to make a will. This means that as long as a person is not considered a mi...

Succession law plays a pivotal role in ensuring that a person’s property is passed on in an orderly, lawful, and fair manner after they are gone. Whether one leaves behind a written will or passes away without one, the law provides specific frameworks that govern the distribution of their estate. This post marks the beginning of a four-part series on the Law of Succession in Kenya, designed to break down its key elements in a simple and practical way. By the end of this series, you'll have a clearer understanding of how succession works, both when a will is present and when one is not. The law of succession is a legal framework that governs how a person’s estate is passed on after their death. Inheritance typically involves two key elements: the passing away of the property owner and the subsequent transfer of their assets to rightful heirs or beneficiaries . This area of law outlines the process through which ownership of property transitions from the deceased to those left behin...