INTRODUCTION The Supreme Court of Kenya on 30/06/2025 declared itself in the case of FAAF v RFM & 2 others (Petition E035 of 2023) in an appeal concerning whether children born out of wedlock to a deceased Muslim parent could be excluded from inheritance under Islamic law. The appellant argued that section 2(3) of...
INTRODUCTION In an interesting case of EMM v PMK ; Divorce Cause E023 of 2023 delivered on 15/05/2024. Facts are as follows: The petitioner contracted a marriage with the respondent in June 1987 as per Kamba Customary Law, within Machakos County in the Republic of Kenya. The parties lived as husband and wife at their...
INTRODUCTION Adoption is the complete severance of the legal relationship between a child and his/her biological parent(s) and birth family, and the establishment of a new legal relationship between the child and his or her adoptive parent(s). When a child is legally adopted the adopter or adopters become the child’s parent(s). Legal adoptions permanently transfer...
INTRODUCTION In a recent case namely Ripples International v Attorney General & another; FIDA (Interested Party) (Constitutional Petition E017 of 2021) [2022] KEHC 13210 (KLR), it was held that sections 35(1)(b), 36(1)(b) and 39(1)(a) and (b) of the Law of Succession Act were declared unconstitutional for being restrictive of the women and female child’s right...
INTRODUCTION Children’s rights as enshrined under the Constitution of Kenya,2010. Their vulnerability makes them more susceptible to the harshness of the outside world. It is therefore important to protect their rights with the help of governmental institutions. This can be achieved by enhancing justice delivery and adequate legal representation. CHALLENGES IN THE LEGAL PROFESSION ...
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