S. Ndwiga & Co. Advocates

22/06/2023

Road Traffic Accident matters.

These are commonly known as running down cases.

Ensure in the event you are involved in an accident that you have the following with you

✓Police abstract
✓Medical receipts and a medical examination report
✓In the event the accident is fatal, a special limited grant is issued by the court upon application to enable the administrator(s) of the estate of the deceased to institute a suit on behalf of the deceased.

Remember accidents cases are tortious in nature and time limitation to bring a suit of such nature is three(3) years.

14/04/2023

The dead don't dispose of property.
Contact us for succession matters for you to be able to administer the deceased's estate whether they died testate or intestate.

Avoid cases of intermeddling (handling deceased's estate without legal authority) and obtain a grant of representation.

You can always report cases of intermeddling if one or more of your family members is handling the deceased's estate without a grant of representation issued by the court.

06/04/2023

Plea Taking

Once an accused is arraigned before the court within 24hrs of arrest after being charged with an offence, the first step of the trial process is taking a plea.

A plea is a formal response to a charge.

There are various types of pleas:

•Plea of guilty- accused admits they committed the offence.
•Plea of not guilty- accused denies commission of the offence.
•Plea of autrefois convict- means the accused has previously been convicted of a similar offence to one charged
Plea of autrefois acquit- accused has previously been acquited of a similar offence to one charged

04/04/2023

ADVERSE POSSESSION

For one to be entitled to land by Adverse Possession, the claimant must prove that he/she has been in exclusive possession of the land openly and as of right without interruption for a period of 12 years either after dispossessing the owner or by discontinuation of possession by the owner on his own volition.

13/12/2022

In continuation of the legal process of land purchase in kenya, i'll point out some of the professionals that are key and must be involved in the process.

One is an advocate who oversees the whole process by making sure every legal requirement is met for instance:
✓conducting an official search at the land registry(establishes the real proprietor of the land and whether there are any encumbrances), company registry(establishes that the seller if its a company, is legally registered under the company laws of kenya), probate registry (to establish that there are no existing succession disputes in court) and also search is conducted at survey registry.

✓ site visit and historical search to establish that the land indeed exists and also find out from the surrounding neighbours what is some of the history associated with the land.

✓preparation of sale agreement.

✓conducting the transfer process and registration of the same.

Another professional is the surveyor who is involved with the index maps of the land and also subdivision of the land. A surveyor also establishes whether the physical size of land matches the one indicated in the index maps. They also establish that the beacons are in place.

And the last professional is the land valuer who establishes the current market value of the land.

That's it for now. We shall give more insights as we continue. We are open to any issues you might have. Contact us through details provided on our page for more info.

01/12/2022

The untold tales of villages...

I'll never understand how parents especially mothers can go silent and take no action after finding out that their child was defiled by the father or relative or any other delinquent. Its the gravest kind of ignorance not putting your child's rights before anything else in the world. Sexual offenders belong behind bars irregardless of who orchestrated the offence.

01/12/2022

People oftenly ignore involving a lawyer in the land buying process.
Soon i'll post on the advantages of having a lawyer represent you when purchasing land.

25/11/2022

22/11/2022

In attendance...

21/11/2022

✓As you know most of us die intestate (without will). Families are left behind fighting and mismanaging the deceased's properties. Your guess is as good as mine, it gets messy.

✓But worry not, the laws of succession are clear under the Succession Act on who can petition for letters of administration intestate of the estate of the deceased.

✓Once you petition, a court issues a sealed grant of letters of administration intestate with the names of the petitioners who shall now become the administrators of the estate of the deceased. Upon six months the court shall issue an order for confirmation of the grant.

✓Please note that you cannot convey any property of the deceased without letters of administration.

✓As always once in this position we are here to serve your best interests and accord you legal representation.

20/11/2022

Are you a victim of unfair labour practices?

These include:
-unfair termination
-summary dismissal
-sexual harrasment...
Among others

The employment act lays down the grounds and procedures for the above.

In case you are aggrieved don't hesitate to secure us for excellent legal representation and we shall make sure that justice and fairness is on your end.