Bernice Muya & Associates Advocates

18/03/2024

https://nation.africa/kenya/life-and-style/dn2/seeking-your-wife-opinion-doesn-t-make-you-a-lesser-man-4500686

A woman’s intuition and laser focus on the finer details are what a man needs to enrich his eagle’s view of an idea.

10/01/2024

HAPPY NEW YEAR 2024
I am within time to wish you a very Happy New Year 2024.

This is a time when many of us have come up with new year resolutions. Some have to do with losing weight, being more proactive, saving more money, taking a new course, changing jobs, the list is endless.

All these are good goals and I just want to add one more to your list. For many of us, our families are very dear to us and we are willing to do anything within our power to secure their future. As you plan to save and invest for them, I would like you to plan for any eventuality by preparing your own will or creating a Family Trust.

You can never go wrong by securing your family's future well in advance. The Bible calls you a good man/ woman if you plan for your grand children.

I will not make the post too long by delving into the details of how to prepare a will or create a family trust. If you are interested in that, I am available for further consultation.

I assure you that you will thank me if you take action today.

24/12/2023

We thank you for your support in 2023 and wish you a Merry Christmas and a fruitful 2024.

20/06/2023

We have an exciting opportunity to share legal knowledge on family law matters as below:

Citam Woodley in partnership with the Kenya Christian Lawyers Fellowship, Kituo cha Sheria and the National Legal Aid Scheme invites you to a legal aid clinic this Saturday, 24th June 2023 which will be held at the Tabernacle.

Come and learn about how biblical principles are reinforced in our family law, children law and succession law. Speakers include Advocate Anne Mbugua, Advocate Helena Namisi, Advocate Wilson Gathogo and Advocate Eliud Mwangi.

There will be plenty of lawyers from Citam Woodley, KCLF, Kituo and NLAS on hand to provide free legal advice on any legal issue you may have.

“Surely you need guidance to wage war, and victory is won through many advisers.”
Proverbs 24:6

08/06/2023

This week has been one to look back on my career.

On Tuesday, 6th June 2023, I celebrated 21 years since I became an Advocate of the High Court of Kenya. It has been quite an interesting profession.

Some time last month, I had some tight deadlines and shared with our youngest who just turned 8 years. She told me, " Your job is a lot of fun". I was about to disagree but then I thought that some days when am attending court sessions, there is quite some humour. However, when I do not get favourable rulings or judgments, I am not smiling. In addition, when I am preparing for a hearing or have to file cases with tight deadlines; it sure isn't a lot of fun. There is also the issue of thinking over clients' challenges and making them my own till I get a solution; even beyond working hours.

When I became a lawyer those 21 years ago, I didn't have grand visions to become a Judge or a famous lawyer like some we know. I was just driven by a desire to stand for the truth and to help my clients, even when many say that "lawyers are liars".

Looking back, am still driven by the same motivation. Micah 6:8 clearly attests to this: "He has told you, O man, what is good; And what does the Lord require of you Except to be just, and to love [and to diligently practice] kindness (compassion), And to walk humbly with your God [setting aside any overblown sense of importance or self-righteousness]?

It is now time to mentor upcoming lawyers as seniority has suddenly crept upon us.

03/04/2023

My all time favourite topic is Estate Planning.

We make holiday plans a year or years in advance. We make plans to buy a dream car, to get married, to buy property, to have children and when to retire. However, when it comes to the issue of estate planning; many of us take a back seat.

If you take some time to plan your estate, you will have peace of mind knowing that your spouse and children are well taken care of in case you were absent. It doesn't matter how little or much you own, the critical thing is that you get to decide what happens to what you own, or on the matter of guardianship for your children.

The opposite is a very painful process for your children and spouse to follow up on your estate in court. Let us remember that failure to plan is to plan to fail.

No one is too busy to take a few minutes to plan how he or she wants to be remembered by their spouse and children. Do not give room to strangers to get a share of your estate. Do not let us lawyers be the first ones to get a share of your estate instead of your loved ones.

Ensure that your affairs are in order.

18/10/2022

Legal practice can be compared to hiking as it requires one to develop resilience in the face of changing circumstances. One day you are attending online court with the adrenaline it causes when systems are down or you haven't complied with the last court orders. The next you are following up a party to settle a matter for your client.

You also need to wear the hat of a teacher on another day.

For example; there is a requirement to convert Long leases for apartments to sectional titles by 31st Dec 2022. Have you taken action to ensure compliance?

If for example you desire to summit Mt. Kenya, you need to prepare by hiking smaller mountains with lower attitudes so as to train your body. It was a very awesome experience for me to summit point Lenana earlier this month.

Nothing is impossible if you plan and prepare for it.

08/06/2022

https://www.businessdailyafrica.com/bd/economy/high-court-stops-kra-from-taxing-churches-3841676

Justice David Majanja upheld a ruling of the tax Appeals tribunal, which barred the taxman from demanding tax from Thika Road Baptist Church.

17/05/2022

ARE YOU WITHIN TIME TO COLLECT YOUR DEBT?
Did you know that there is a time limit within which you should collect your debt?

Matters of debt collection are governed by a branch of the law called the law of contract.

What is a contract?
In simple terms, a contract is an agreement between two or more parties, that is enforceable by law. It can either be oral or written. Every contract has an offer, acceptance and consideration. For example, when you go to the supermarket to buy goods, the supermarket makes an offer to sell you the product, you accept by picking the product while consideration is the money you pay for the product.

There are other examples of contracts that may not be as straight forward as the one I have given above; like when you want to download an app on Play store, they are making an offer to you which you accept since you want to download the app, however, the consideration may not be money since the app may be free. In my view, the consideration is the condition that the app wants to access your contacts or your location. If you really need the app, you give up your right to privacy. In a future edition, we will share more information on this.

What happens when a contract is breached?
Every contract has terms that govern the relationship between parties. When two parties enter an agreement for purchase of goods or rendering services, there is usually a term on payment for the goods or services. If a party fails to pay as agreed, then a breach occurs and you become a creditor since you are owed money.

In such an instance, you have several options including making a demand for payment, going to court or pursuing a quicker, cheaper and more desirable option of pursuing mediation. Mediation is a dispute resolution method which is voluntary, confidential and retains the relationship of the parties.

How much time to you have to collect your debt?
The Act governing contracts in Kenya is The Law of Contract Cap 23 of the Laws of Kenya. It is a very small piece of legislation which is only seven pages in total when you compare it to the Companies Act of 2015 which is over one Thousand pages. There is another Act called the Limitations of Actions Act, Cap 22 of the Laws of Kenya, which provides the time within which one can take action for various matters.

This Act provides that actions founded on contract may not be brought after the end of six years from the date on which the cause of action accrued. This date is the time when a party defaults in paying what they owe. That is when the six years start running.
It may look like six years is a long time and there is no risk to you. However, it is always advisable to take action as soon as the other party defaults since no one is sure about tomorrow. The other party may relocate, you may lose the documents that you need to prove your case and that money will not have the same value six years down the line. Inflation will have eaten into it and you may not have witnesses to prove your case.

It is therefore critical to take action as soon as default occurs by employing a professional to help you.

14/04/2022

5 COSTLY MISTAKES THAT TENANTS MAKE AND HOW TO AVOID THEM
There are three basic needs we have as human beings: food, clothing and shelter. Today, I want to address the third need: shelter. It is an established fact that most Kenyans do not own their own houses hence they rent houses for accommodation. CBK’s Banking Supervision 2020 Report shows that Kenya has only 26,971 mortgage, yet we have a working population of about 22.3 million.
I do not wish to discuss the merits or demerits of owning your home or renting a house. My interest is in educating you as you enter into a tenancy relationship so that you are able to avoid the mistakes. There are five costly mistakes that I want you to avoid:
1. NOT HAVING A WRITTEN AND EXCUTED LEASE
Many tenants in need of a house do not insist on a written lease from the Landlord. Since they are in need of a house, once they get one that suits their need and agree on the rent to be paid; that is where they leave matters insofar as a lease is concerned. Without a written and executed lease, in case of a disagreement; it will be your word against the Landlord’s which is not desirable. Ensure that you get a lease, review it and once you are satisfied; have it executed by both parties.
2. NOT GIVING ADEQUATE NOTICE TO VACATE AS PER THE LEASE
Once a tenant has decided to leave their current abode; they embark on looking for an alternative house and once they secure it, they pay deposit and some rent. They however do not bother to review the terms of their current lease so as to ensure that they give adequate notice to the Landlord as per the terms of the lease. In many instances; the Landlords get an excuse of not refunding the deposit paid by the Tenant at the commencement of the tenancy. To avoid this, ensure that you give adequate and written notice before vacating.
3. NOT BOTHERING TO FIND OUT THE REAL OWNER OF THE HOUSE
We have many stories of people who were conned in the process of looking for a house since they did not undertake the due diligence expected of them. They trust the agent showing them a house and do not insist on meeting and talking with the owner of the house. It is critical of a potential tenant to insist on meeting the owner of a house before paying any money.
4. NOT INFORMING THE LANDLORD WHEN THERE ARE REPAIR ISSUES TO BE SORTED OUT
The lease document is what governs the relationship between the Landlord and the Tenant. There are usually certain repairs that need to be undertaken by the Landlord and the tenant should inform the Landlord as soon as such an issue occurs. If you decide to repair it yourself, you cannot deduct the money from the rent.

5. NOT ENGAGING A PROFESSIONAL WHILE ENTERING INTO A TENANCY AGREEMENT
You will find that many leases are written in technical legal language which may be difficult for a non-lawyer to understand. It is therefore important to consult a lawyer before entering into a lease so that he or she can review the lease and ensure that your interests are protected.
I believe that you have learnt something that you can implement in case you are looking to change houses.
Bernice Muya
Your trusted Legal Adviser
Managing Partner: Bernice Muya & Associates
www. https://bmlegal.co.ke/
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ABOUT BERNICE MUYA:
Bernice Muya is an Advocate of the High Court of Kenya, a certified Secretary, a Certified Mediator and a Corporate Governance Professional. Bernice is currently the Managing Partner of Bernice Muya & Associates; a Kenyan Law Firm offering various services among them: Commercial law, Real Estate and Property Law, Family Law and Dispute Resolution, and company secretarial Services.
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The Managing Partner; Bernice Ngángá- Muya has over 17 years’ experience post admission. She is a corporate legal expert who is well versed in real estate, commercial transactions including mergers, de-mergers, acquisitions and transformations. She has wide ranging experience in the Financial Se...