LEGAL INSIGHTS WITH ABIGAEL MOKUA

 Theft is a serious offense in Kenya, governed by the Penal Code Section 268 . It occurs when someone fraudulently takes another person’s property without their consent, intending to deprive them of it permanently. Theft can take many forms, from petty theft and shoplifting to larger cases like fraud and embezzlement. Understanding what constitutes theft is essential for both individuals and businesses to protect their rights and avoid unintentional legal violations. In this article, we will explore the legal definition of theft in Kenya , its key elements , and the different types of theft recognized under Kenyan law. DEFINITION OF THEFT IN KENYA   According to the Kenyan Penal Code , theft is defined as when a person fraudulently and without claim of right takes anything capable of being stolen, or fraudulently converts to the use of any person, other than the general or special owner thereof, any property. Essentially meaning taking someone else's property without th...

  Have you or a loved one ever suffered due to a doctor’s mistake? Medical negligence is a growing concern in Kenya, with numerous complaints filed with the Kenya Medical Practitioners and Dentists Council (KMPDC) each year. While exact figures remain unclear, reports indicate a rising trend in malpractice cases. Medical negligence occurs when a healthcare professional, expected to uphold a high standard of care, fails to do so resulting in harm to the patient. This includes misdiagnosis, surgical errors, and medication mistakes, all of which can have devastating consequences.  In this blog, I will explain medical negligence as a tort in Kenya, the essential elements required to prove it and key cases that have shaped negligence as a tort law in Kenya.  In Kenya, medical negligence falls under the broader category of tort law , specifically within the tort of negligence . A tort is a civil wrong that causes harm or loss, leading to legal liability ESSENTIAL ELEMENTS OF M...

  Marriage is intended to be a lifelong commitment, but when a union becomes unsustainable, the law provides a way out. In Kenya, Christian and civil marriages are monogamous and can only be dissolved on specific legal grounds under the Marriage Act, 2014 . Divorce petitions are handled by the High Court , which evaluates the evidence before granting a decree. Understanding these legal grounds is essential for anyone considering or navigating divorce. Christian and civil marriages have similar grounds for divorce under Sections 65 and 66 of the Marriage Act 2014, which include the following: Adultery Cruelty Desertion Exceptional depravity Where there is an irretrievable breakdown of the marriage Presumption of death ADULTERY   Adultery is the consensual sexual intercourse between a married person and a person of the opposite sex who is not their spouse during the subsistence of the marriage. There are certain requirements for proof of adultery:  There must be a cer...