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; Dowry remains one of the most contested intersections between culture and modern family law in Kenya . When marriages break down, questions often arise about whether bride-price should be returned, who bears that responsibility, and how these customs align with today’s legal standards on equality and fairness . Recent court decisions continue to shape how dowry claims, divorce, and financial obligations between spouses are understood, and CKN v DMO   ( Civil Appeal No. 21B of 2022) [2023] KEHC 26379   is one of the cases that brings these issues sharply into focus.  FACTS OF THE CASE  The case was an appeal arising from a trial court’s divorce judgment. The parties had contracted both a Christian m...

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; Filing a civil suit in Kenya can seem complicated, but the process becomes much easier once you understand the key steps. Whether you’re enforcing a contract, seeking compensation, or protecting your rights, knowing how the Civil Procedure Act and Rules work is essential. This guide breaks down the process into simple, clear steps so you know exactly what to do before taking your case to court. STEP 1: PRE-FILING   Before you even step foot in the court registry, you need to prepare: 1. Get Advice : If your case is complicated, you need a legal expert (an Advocate) to look at your evidence and tell you how strong your claim is and if you are likely to win. It’s strongly advised not to do it alone, especially in c...

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 comprehensive story of Brian Mwenda revolves around his alleged role as an imposter advocate and the resulting legal and cultural developments. THE ALLEGATIONS AND FINDINGS   Mwenda is accused of impersonating a licensed advocate (lawyer) and facing multiple criminal charges, including forgery and identity theft, related to posing as an advocate since around October 18, 2023. Official investigations confirmed that Mwenda never studied law at a university or attended the Kenya School of Law (KSL). The KSL registrar, testified that a thorough search of both physical and electronic records found no evidence of Mwenda’s attendance at the school.  Furthermore, a Directorate of Criminal Investigations (DCI) of...

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 Affordable Housing Act, 2024 marks a major step in Kenya’s efforts to make housing more accessible and affordable to its citizens. Enacted to provide a clear legal framework for implementing the government’s affordable housing agenda, the Act establishes structures for funding, development, and allocation of affordable housing units.  The Affordable Housing Act, 2024 was assented to on March 19, 2024. The Act's overall purpose is to give effect to Article 43(1)(b) of the Constitution regarding the right to accessible and adequate housing and reasonable standards of sanitation.   KEY PROVISIONS OF THE ACT  1. AFFORDABLE HOUSING FUND This is a large, established fund (the Fund) run by the Affordable ...

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,  ...