Isah law

26/04/2022

William Shakespeare the world’s greatest English playwright in Hamlet Act III lamented on the delay issue in court proceedings exemplified by this statement:

“The Law’s delay’ is one of whips and scorns of time.”

06/04/2022

Important Notice ;

1. ~ The Board of Directors of the Insurance Regulatory Authority (I.R.A) canceled the license of the Resolution Insurance Company yesterday.

If you have any claim you are requested to visit the offices of the Policyholders Compensation Fund (PCF) in Upperhill Nairobi, and you will be assisted.

2. ~ The Board further STOPPED the Explico Insurance Company from doing any business effective 4pm yesterday.

Kenyans must be protected.
Please be guided.

07/02/2022

https://youtu.be/FdkPsn_UlGs

With the African Moran

Hi everyone! Today's video is a day in the life of a lawyer. I show you what a pretty typical day looks like for a lawyer, working remotely as a lawyer. Hop...

27/09/2020

A woman fails to prove existence of Gikuyu customary marriage between her and the deceased so as to be recognized as a dependant for purposes of getting a share from the deceased estate.

1. Stephen Ngigi Karwigi (hereafter the deceased) was a wealthy man. He ran a construction firm and owned over 40 landed properties. At the time of his death on 10th August 2013, he was 78 years and sickly.

03/06/2020

Getting Married In Kenya - PART ONE

The Marriage Act, 2014 recognizes five (5) systems of marriage, namely: Civil, Christian, Customary, Hindu and Islamic marriages. Today we shall learn about Civil Marriages and the following are the requirements needed to register the mentioned marriages:-

1. CIVIL MARRIAGES
➢ These are conducted in the Registrar of Marriages, Deputy County Commissioners or Assistant County Commissioners offices;

➢ They can be conducted through Notice or by Special License,
Notice is where both parties are Kenyan nationals and it involves the placing of a 21 days Marriage notice before the Marriage takes place.
Special license is necessary where:
➢ Any of the parties is a foreign national;
➢ Both parties are foreign nationals;
➢ Marriage outside a licensed place;
➢ Parties unable to give a 21 days’ notice.

➢ They are monogamous in nature.

A. REQUIREMENTS FOR CIVIL MARRIAGE BY NOTICE: (KENYANS ONLY)
• Both parties to appear before the Registrar’s to fill a Notice form;
• Valid I.D’s/Passports are required (Copy and original);
• Colored Passport size photos;
• Death certificate if widowed or divorce decree absolute if divorced;
• In the event the Divorce decree is more than a year old or a death certificate is more than 2 years old, an Affidavit to confirm marital status;
• Fee, Kshs. 3,900.00.

B. REQUIREMENTS FOR CIVIL MARRIAGE BY SPECIAL LICENSE
i. Where both parties are Kenyan nationals
• Valid I.D’s or Passports (Copy and original)
• Birth certificates (Copy and original)
• Proof of no impediment to marriage through:

➢ Affidavits to state marital status: Separate Affidavits if single or joint affidavit if married under customary law;
➢ Death Certificate (In the case of widowed persons): Copy and original;
➢ Divorce Decree Absolute. (In the case of divorced persons indicating current status): Copy and original;
➢ In the event the Divorce decree is more than a year old or a death certificate is more than 2 years old, an Affidavit to confirm marital status.
• A documented reason to show proof that you do not have time to give a 21-day notice;
• Colored passport size photos;

• BOTH PARTIES TO APPEAR before the Registrar when applying;
• Fee is Kshs. 9,700.00 if wedding is being conducted in the Registrar’s office and Kshs. 16,700.00 if the wedding will take place in a garden.

ii. Where One Party is a Kenyan National and the Other a Foreign National
i. Kenyan National
• Valid I.D’s or Passports (Copy and original);
• Birth certificate (Copy and original);
• Proof of no impediment to marriage through:
➢ Affidavit to state marital status for the Kenyan National;
➢ Death Certificate (In the case of widowed persons); Copy and original;
➢ Divorce Decree Absolute. (In the case of divorced persons indicating current status); Copy and original;
➢ In the event the Divorce decree is more than a year old or a death certificate is more than 2 years old, an Affidavit to confirm marital status.
• Colored passport size photos;
• A documented reason to show proof that you do not have time to give a 21-day notice.

ii. Foreign National
• Valid passport (Copies and Original)
• Birth Certificate (Copies and Original)
• Passport size photo (Coloured)
• Proof of no impediment to marriage through:
➢ A Certificate of No Impediment to Marriage.
➢ Death Certificate. (In the case of widowed person)- or

➢ Divorce Decree Absolute. (In the case of divorce person indicating current status)- Copy and original
➢ In the event the Divorce certificate is more than a year old or a death certificate that is more than 2 years old, a Certificate of No Impediment to Marriage
• Return air ticket/visa/work permit.

• BOTH PARTIES TO APPEAR before the Registrar when applying;
• Fee is Kshs. 9,700.00 if wedding is being conducted in the Registrar’s office and Kshs. 16,700.00 if the wedding takes places in a garden.

iii. Where Both Parties Are Foreign Nationals
• Valid passports (Copies and Original);
• Passport size photos (Coloured);
• Birth certificates (Copies and Original)
• Prove of no impediment to marriage through:
➢ Certificates of No Impediment to Marriage.
➢ Death Certificate. (In the case of widowed person)- Copy and original
➢ Divorce Decree Absolute/Decree Nisi. (In the case of divorce person indicating current status)- Copy and original
➢ In the event the Divorce decree is more than a year old or a death certificate that is more than 2 years old, a Certificate of No Impediment to Marriage
• Return air ticket./Visa/Work permit

• BOTH PARTIES TO APPEAR before the Registrar when applying
• Fee is Kshs. 9,700.00 if wedding is being conducted in the Registrar’s office and Kshs. 16,700.00 if the wedding takes places in a garden

iv. Marriage by Refugees:
• Must have a valid UNHCR Refugee Mandate or Alien Card
• To swear an Affidavit to confirm marital status if applying for a special license.

Tomorrow we learn about Christian Marriages. office of the Ag

03/06/2020

Getting Married In Kenya - PART ONE

The Marriage Act, 2014 recognizes five (5) systems of marriage, namely: Civil, Christian, Customary, Hindu and Islamic marriages. Today we shall learn about Civil Marriages and the following are the requirements needed to register the mentioned marriages:-

1. CIVIL MARRIAGES
➢ These are conducted in the Registrar of Marriages, Deputy County Commissioners or Assistant County Commissioners offices;

➢ They can be conducted through Notice or by Special License,
Notice is where both parties are Kenyan nationals and it involves the placing of a 21 days Marriage notice before the Marriage takes place.
Special license is necessary where:
➢ Any of the parties is a foreign national;
➢ Both parties are foreign nationals;
➢ Marriage outside a licensed place;
➢ Parties unable to give a 21 days’ notice.

➢ They are monogamous in nature.

A. REQUIREMENTS FOR CIVIL MARRIAGE BY NOTICE: (KENYANS ONLY)
• Both parties to appear before the Registrar’s to fill a Notice form;
• Valid I.D’s/Passports are required (Copy and original);
• Colored Passport size photos;
• Death certificate if widowed or divorce decree absolute if divorced;
• In the event the Divorce decree is more than a year old or a death certificate is more than 2 years old, an Affidavit to confirm marital status;
• Fee, Kshs. 3,900.00.

B. REQUIREMENTS FOR CIVIL MARRIAGE BY SPECIAL LICENSE
i. Where both parties are Kenyan nationals
• Valid I.D’s or Passports (Copy and original)
• Birth certificates (Copy and original)
• Proof of no impediment to marriage through:

➢ Affidavits to state marital status: Separate Affidavits if single or joint affidavit if married under customary law;
➢ Death Certificate (In the case of widowed persons): Copy and original;
➢ Divorce Decree Absolute. (In the case of divorced persons indicating current status): Copy and original;
➢ In the event the Divorce decree is more than a year old or a death certificate is more than 2 years old, an Affidavit to confirm marital status.
• A documented reason to show proof that you do not have time to give a 21-day notice;
• Colored passport size photos;

• BOTH PARTIES TO APPEAR before the Registrar when applying;
• Fee is Kshs. 9,700.00 if wedding is being conducted in the Registrar’s office and Kshs. 16,700.00 if the wedding will take place in a garden.

ii. Where One Party is a Kenyan National and the Other a Foreign National
i. Kenyan National
• Valid I.D’s or Passports (Copy and original);
• Birth certificate (Copy and original);
• Proof of no impediment to marriage through:
➢ Affidavit to state marital status for the Kenyan National;
➢ Death Certificate (In the case of widowed persons); Copy and original;
➢ Divorce Decree Absolute. (In the case of divorced persons indicating current status); Copy and original;
➢ In the event the Divorce decree is more than a year old or a death certificate is more than 2 years old, an Affidavit to confirm marital status.
• Colored passport size photos;
• A documented reason to show proof that you do not have time to give a 21-day notice.

ii. Foreign National
• Valid passport (Copies and Original)
• Birth Certificate (Copies and Original)
• Passport size photo (Coloured)
• Proof of no impediment to marriage through:
➢ A Certificate of No Impediment to Marriage.
➢ Death Certificate. (In the case of widowed person)- or

➢ Divorce Decree Absolute. (In the case of divorce person indicating current status)- Copy and original
➢ In the event the Divorce certificate is more than a year old or a death certificate that is more than 2 years old, a Certificate of No Impediment to Marriage
• Return air ticket/visa/work permit.

• BOTH PARTIES TO APPEAR before the Registrar when applying;
• Fee is Kshs. 9,700.00 if wedding is being conducted in the Registrar’s office and Kshs. 16,700.00 if the wedding takes places in a garden.

iii. Where Both Parties Are Foreign Nationals
• Valid passports (Copies and Original);
• Passport size photos (Coloured);
• Birth certificates (Copies and Original)
• Prove of no impediment to marriage through:
➢ Certificates of No Impediment to Marriage.
➢ Death Certificate. (In the case of widowed person)- Copy and original
➢ Divorce Decree Absolute/Decree Nisi. (In the case of divorce person indicating current status)- Copy and original
➢ In the event the Divorce decree is more than a year old or a death certificate that is more than 2 years old, a Certificate of No Impediment to Marriage
• Return air ticket./Visa/Work permit

• BOTH PARTIES TO APPEAR before the Registrar when applying
• Fee is Kshs. 9,700.00 if wedding is being conducted in the Registrar’s office and Kshs. 16,700.00 if the wedding takes places in a garden

iv. Marriage by Refugees:
• Must have a valid UNHCR Refugee Mandate or Alien Card
• To swear an Affidavit to confirm marital status if applying for a special license.

Tomorrow we learn about Christian Marriages. Courtesy office of the Ag

27/05/2020

MLDI provides legal aid to ensure that journalists, bloggers and media outlets have an effective legal defence when cases are launched against them. Legal cases are often brought against journalists with no purpose other than to harass and silence them, and we want to ensure that journalists have the means to defend such cases.

In addition, MLDI wants to ensure that journalists and bloggers whose right to freedom of expression has been violated have access to legal remedies. For example, if a journalist has been assaulted by police in the exercise of their journalistic duties, we will consider providing them with legal assistance to ensure that they can bring legal action. MLDI prioritises cases where there is no other support in country available.

MLDI will support all applications that fall within its mandate to the best of its financial ability.

However, we will prioritise cases that have one or more of the following characteristics:

There is a real risk that the case will result in the imprisonment of the journalist concerned;
There is a real risk that the case will result in the bankruptcy of the media outlet or journalist concerned;
There is a real risk that the case will end in the closure of the media outlet concerned;
MLDI is the only realistic avenue to provide the assistance required;
The case is of potential strategic importance
If you are unsure whether you qualify, please get in touch by emailing [email protected] and our staff will advise you.

How to apply

Applications are made through an online application system (see link below).

Applications are normally made by the lawyer handling the case but can also be made by the journalist, the family/friend of a journalist or a relevant support organisation.

If the application is being completed by the lawyer handling the case, you will need to:

complete the full application form
provide copies of the legal documents
provide a budget breakdown
provide a link to or copy of the relevant article associated with the case
If the application is being completed by the journalist, family member or support organisation, you will need to:

have identified a lawyer to handle the case (if you have not yet found a lawyer please contact us first and we may be able to put you in touch lawyers we have worked with previously)
complete the full application form
provide copies of the legal documents
provide a budget breakdown
provide a link to or copy of the relevant article associated with the case
You Can also contact yours truly who is fully trained by MLDI to undertake cases on freedom of expression.

13/05/2020

Traffic police Kindly take note and stop harassing Motorists for your flawed interpretation of the law!

04/05/2020

Machakos High Court Notice on Rulings and Judgements to be delivered on 5th May 2020; before Hon. Justice D.K. Kemei ; click on the link below

TAKE NOTICE that High Court Matters for High Court No.2 scheduled for rulings/Judgments before Hon. Justice D. K. Kemei shall be delivered as scheduled on the earlier fixed dates (5th May 2020 - 8th May 2020).

01/05/2020

Small claims bill,2020 is now law!