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; Defamation laws are designed to protect individuals and businesses against false statements that harm their reputation . This body of law falls under tort law and encompasses both civil and criminal aspects . The primary statute governing civil defamation is the Defamation Act (Cap. 36) , an Act of Parliament intended to consolidate and amend the statute law relating to libel (other than criminal libel), slander, and other malicious falsehoods . While defamation laws are necessary for protection, they also have the potential to be misused to inhibit open public debate . The Constitution of Kenya, 2010, affirms the right to freedom of expression, but stipulates that its exercise must respect the rights and reputation...

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; The presumption of marriage has come a long way in Kenya’s legal system. Once seen as a flexible doctrine used to protect partners in long-term relationships where no formal ceremony was conducted, courts are now adopting a much stricter stance. The Supreme Court in Mary Nyambura Kangara v Paul Ogari Mayaka & Another, Petition No. 9 of 2021 clearly illustrated this shift by stressing that cohabitation alone no longer proves marriage, signaling a new, more discerning judicial approach.  FACTS OF THE CASE The Appellant (Mary Nyambura Kangara, MNK) and the Respondent (Paul Ogari Mayaka, POM), lived together for many years. The dispute concerns property rights and centered on the provisions of the repealed Marrie...

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; The case of Harcharan Singh Sehmi & another v Tarabana Company Limited & 5 others is a landmark Supreme Court decision that has reshaped the country's land laws, particularly regarding fraudulent titles. The ruling reinforces that a land title is not indefeasible if its foundation is illegal or irregular, and it establishes a higher standard of due diligence for prospective buyers.   FACTS OF THE CASE   The case centered on a long-term lease for property L.R. No. 209/2759/9 . The appellants, who included Harcharan Singh Sehmi, were registered as tenants in common of this property . Their 59-year lease began in 1942 and was scheduled to expire in 2001 . Crucially, before the lease expired,  ...

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; Rape is a serious criminal offence defined by specific legal elements that must all be present for a conviction. Understanding these elements helps clarify what truly amounts to rape in law. This post breaks down each element to show how the law interprets and applies them in determining the offence. 1. THE ACT: PENETRATION (ACTUS REUS) Rape requires proof that penetration occurred. This means the perpetrator must have committed an act that caused their genital organ (the penis) to penetrate the genital organ (the vagina) of the other person. Penetration is defined as the partial or complete insertion of the genital organs of one person into the genital organs of another person. 2. THE MENTAL STATE: INTENTIONALLY ...