LEGAL INSIGHTS WITH ABIGAEL MOKUA

Looking for clear, detailed, and exam-friendly legal notes ? I’ve put together comprehensive materials designed to make learning and revision effortless . Grab your copy of any unit for just Ksh 1,000 ! 📞 To get your copy, reach out on 0717249794   Now onto today’s topic;    In Kenya, the law governing contract formation and breach is primarily found in the Law of Contract Act (Cap 23) and is supplemented by judicial decisions and English common law principles . When a party fails to fulfill their obligations without a lawful excuse, the aggrieved party can seek several legal remedies depending on the nature of the breach and the terms of the agreement .   The following are the primary legal remedies available for breach of contract in Kenya: 1.  Damages (Monetary Compensation) Damages are the most common remedy and aim to place the innocent party in the financial position they would have occupied had the contract been performed correctly . Courts assess damag...

Looking for clear, detailed, and exam-friendly legal notes ? I’ve put together comprehensive materials designed to make learning and revision effortless . Grab your copy of any unit for just Ksh 1,000 ! 📞 To get your copy, reach out on 0717249794 Co-operative societies are built on the idea of collective effort for mutual benefit, bringing people together to improve their economic and social wellbeing. In Kenya, co-operatives are not just social groupings but legally recognised entities governed by a specific statutory framework. This post breaks down what a co-operative is, how it operates, and why it continues to play an important role within Kenya’s legal and economic landscape.  WHAT IS A CO-OPERATIVE? A co-operative is a voluntary association of people who join forces to achieve a common goal, usually to improve their economic or social status. Unlike a traditional company, its philosophy is "all for each and each for all" . There are several ways to define it: Simple ...

Looking for clear, detailed, and exam-friendly legal notes ? I’ve put together comprehensive materials designed to make learning and revision effortless . Grab your copy of any unit for just Ksh 1,000 ! 📞 To get your copy, reach out on 0717249794 In Kenyan law, a company is a separate legal person from its owners. Because of this, directors owe their duties to the company itself, not to individual shareholders or other groups. These duties are divided into general responsibilities (how to act) and specific administrative tasks (what to do) . 1. GENERAL STATUTORY DUTIES These are the core principles directors must follow when managing the company: Duty to act within powers: Directors must follow the company’s constitution (its Articles and Memorandum). They should only use their power for the specific purpose it was given, not for personal reasons. Duty to promote the success of the company: A director must act in good faith to ensure the company succeeds in the long term. This means...

Looking for clear, detailed, and exam-friendly legal notes ? I’ve put together comprehensive materials designed to make learning and revision effortless . Grab your copy of any unit for just Ksh 1,000 ! 📞 To get your copy, reach out on 0717249794   Now onto today’s topic;  At some point in the legal journey, many students and young lawyers find themselves asking an uncomfortable but important question: Is a career in law really worth it? The profession is often portrayed in extremes: either as prestigious and rewarding or as overcrowded, exhausting, and no longer worth the effort. In reality, pursuing law requires honesty about its demands: long years of study, financial pressure, delayed gratification, and intense competition, often magnified by constant comparison with peers in faster-moving industries. In this post, we'll get into whether the sacrifices are justified and explores the many opportunities in law that exist beyond traditional litigation. 1. ARE THE SACRIFICES ...

Looking for clear, detailed, and exam-friendly legal notes ? I’ve put together comprehensive materials designed to make learning and revision effortless . Grab your copy of any unit for just Ksh 1,000 ! 📞 To get your copy, reach out on 0717249794   Now onto today’s topic;  Starting a business in Kenya is an exciting venture, but before you can legally operate, you must register your company with the relevant authorities. Company registration is not just a legal requirement, it also protects your business, gives it a separate legal identity, and enhances credibility with clients, suppliers, and investors. In this post, I’ll take you through a step-by-step process of registering a company in Kenya. STEP 1: CHOOSE THE APPROPRIATE BUSINESS STRUCTURE Before starting the registration, it is crucial to determine the type of company that aligns with your business objectives,. Kenya offers multiple categories, including: Private Limited Company (Ltd) : The most common type, offering l...

Looking for clear, detailed, and exam-friendly legal notes ? I’ve put together comprehensive materials designed to make learning and revision effortless . Grab your copy of any unit for just Ksh 1,000 ! 📞 To get your copy, reach out on 0717249794 Now onto today’s topic; In a previous blog,  THE SUPREME COURT'S RULING ON FRAUDULENT TITLES IN KENYA ,  I unpacked the case of Harcharan Singh Sehmi & Another v Tarabana Company Limited & 5 Others ; a case that revealed how fragile ownership can be when a land transaction lacks proper foundations. That case was a reminder to anyone dealing in land that a title deed is not a guarantee of safety when the underlying process is flawed.   In this blog post, we'll focus on what should happen before any land purchase is completed. In other words: the due diligence process. Due diligence when buying land in Kenya is the essential process of investigating and verifying everything about the property and the seller to prote...