LEGAL INSIGHTS WITH ABIGAEL MOKUA

By Ibalai Vallary | Founder of Ibalai Legal What a recent High Court ruling in FWM v JMG [2026] tells us about property rights, domestic work, and what Kenyan courts actually look for when a long-term relationship ends   confirming the question of “who gets what” when a relationship ends. The Background of the Case Picture a woman, we will call her by her initials, FWM, as is standard practice in Kenyan courts when anonymizing family law matters. FWM and a man we will call JMG began their relationship and moved in together. Over the years that followed, they built what looked, from every angle, like a complete family life. They lived together as husband and wife. They had three children together. They raised those children in a shared home. When neighbours, friends, or anyone else looked at them, they saw a married couple. During those years together, JMG acquired land and property in Narok. This property was registered solely in his name.FWM, meanwhile, was doing what millio...

By Tim Munyi Mugo | Advocate of the High Court of Kenya  Sixteen girls died at Utumishi Girls Academy in Gilgil on the night of 27 May 2026. Seventy-nine others were injured. The dormitory that burned housed approximately 220 students and contained 135 bunk beds. One emergency exit door was locked. Ten of the sixteen deaths occurred in the section of the building that exit door served.  By the morning of 29 May 2026 the Cabinet Secretary for Education had dissolved the Board of Management and directed the Teachers Service Commission to initiate disciplinary proceedings against the school principal. Two teachers who had received advance warning of planned unrest from students and failed to act were also placed under investigation.  The response was swift. Whether it was serious is a different question.  WHAT THE BOARD DID NOT CONTAIN A Board of Management exists to govern. Governing means asking, regularly and on the record, whether the institution is safe, compliant,...

By Tim Munyi Mugo | Advocate of the High Court of Kenya On 10 March 2026 President William Ruto rang the bell at the Nairobi Securities Exchange and Kenya Pipeline Company entered the capital markets as a listed entity. The moment was described as a historic milestone. Six weeks later the company removed its Managing Director and Chief Executive Officer, Joe Sang, following a fuel scandal. Within days of that removal the board advertised the vacancy. Within days of the advertisement the Kenya Petroleum Oil Workers Union filed a formal petition to the Capital Markets Authority dated 15 May 2026, accusing the current board of proceeding with the recruitment before the company's governance structure had been properly reconstituted following its transition from a State corporation to a publicly listed company. The board has not yet filled the position. The union petition is live. Foreign portfolio investors are, according to market analysts, delaying further equity acquisitions unti...

In our latest episode of Legal Insights with Mokua , we dive deep into one of the most pressing questions of our time: As technology evolves at a breakneck speed, is the Kenyan legal framework keeping pace?   We are joined by Renee Tikolo , an Advocate of the High Court of Kenya and a legal researcher specializing in the intersection of technology law and public policy .  THE CHANGING LANDSCAPE OF TECH IN KENYA   Kenya’s emerging technology scene is largely driven by innovative startups and hustlers at the local level . These innovators often build solutions on top of open systems created abroad, such as those provided by Open AI .    However, as Renee points out in the video, a significant challenge remains: technology evolves much faster than the law . While AI has been a major market presence for years, Kenya is only now discussing an AI Bill in 2026, creating a significant gap where innovation outpaces regulation .   THE DANGER OF COPY PASTING WESTERN L...

In the complex landscape of real estate, the principle of caveat emptor ,  buyer beware , serves as the primary shield for any prospective property owner. Acquiring land requires more than just a search at the registry; it demands a rigorous investigation into the history, physical status, and legal character of the property. Failing to conduct comprehensive due diligence can lead to the total loss of investment, as courts are increasingly reluctant to protect purchasers who ignore obvious red flags. This blog post simplifies a landmark supreme court case,  Torino Enterprises Limited vs. Hon. Attorney General (SC Petition No. 5 (E006) of 2022)  that proved the important of due diligence when purchasing land. FACTS OF THE CASE In 1964, a 5639-acre freehold title (Embakasi L.R No. 11344) was granted to Kayole Estates Limited . In 1971, it was transferred to the Nairobi City Council (NCC) for valuable consideration .    In 1973, the land was subdivided, creating ...

Redundancy is defined under Kenyan law as the involuntary loss of employment through no fault of the employee , occurring specifically when their services become superfluous to the employer . This process is often driven by external factors such as economic conditions , business closures, technological developments , or organizational restructuring . While the decision to declare a redundancy is a managerial prerogative , it must be both substantively justified and procedurally fair to be considered valid under the Employment Act, 2007 . To establish substantive justification , an employer must prove that the termination is attributable to legitimate operational requirements . The procedural framework is mandatory and must be strictly followed to avoid successful claims of unfair termination .    The process begins with a mandatory written notice issued at least one month (30 days) in advance to the employee and the local Labor Officer . If the employee is a member of...