Kibe & Kitilah Advocates

24/06/2025

Tomorrow, we commemorate a momentous day in our country's rich history, June 25. This is the day, in the year 2024 that our patriotic Kenyans came out in massive numbers to protest against bad governance, corruption and unprecedented arrogance exhibited by those in power. Unfortunately, lives were lost due to the regime's lack of any regard to the sanctity of life. Fortunately, the blood that was shed has refused to dry up. It keeps on irrigating our nation's quest for good governance, democracy, respect for the rule of law and protection of human rights and constitutionalism.

As a Firm that believes in the foregoing principles and a Firm that has previously stood up with peaceful protestors, we shall be there tomorrow in solidarity with our fellow Kenyans. To protect our client's interests, we will attend to the court matters scheduled for tomorrow and thereafter close down for the rest of the day to add our voice and assist any arrested protestors.

May the day break and may it be successful.

28/03/2024

Kibe & Kitilah Advocates wishes you all a happy Easter holiday.

20/11/2023

Another week for us to please the court. Great week to all our clients as they prepare to please our chambers.

04/11/2023

Are you aware that all agreements for transfer of an interest in land ought to be in writing? Failure to have a written agreement is fatal to the transaction which cannot be enforced by the court by dint of section 3 (3) of the Law of Contract Act Cap 23 Laws of Kenya...Contact us for compliance

01/11/2023

Happy New Month to our Clients and Followers

Tip of the Month,

Even if you are buying land from a land-selling company, always ensure you have your own independent legal representation to advice and safeguard your interests.

17/07/2023

On Cohabitation and "Come We Stay" Marriages...

In a decision delivered in January 2023, the Supreme Court of Kenya held that presumption of marriage (commonly known as cohabitation, or "come we stay" in the streets) is an exception and not a rule.

In so finding, the court held that it was increasingly common for two consenting adults to live together without the intention of being in a marriage relationship. The court called that arrangement an "interdependent relationship outside marriage".

The effect of this is that the burden of proof of marriage where parties cohabited increases with the risk of so many spouses being disinherited their husband or wife status.

Thus, in a absence of a law setting out parameters of a "cohabitation", as the court held, this concept is on its deathbed.

To avoid the risk that comes with cohabitation or "come we stay" marriages, it is advisable for parties who are in such marriage arrangements to formalize their marriages through registration.

You can register your marriage as Christian, Hindu, Islamic, Civil or Customary. The registration process is seamless. For advice and assistance in registration of your marriage and related issues, please reach out to our team.

A middle-size Law firm, but a one stop shop for all your legal issues, where we provide solutions.

24/06/2023

Where institution of criminal proceedings is in bad faith and for improper purpose, that amounts to abuse of the court process. Most parties prefer moving to the High Court seeking to quash the criminal proceedings. Is that the only option available to stop such proceedings that are an abuse of the court process?

In the case of Diamond Hasham Lalji & another v Attorney General & 4 others [2018] eKLR, the Court of Appeal held that any court has inherent jurisdiction to control it's process by preventing prosecution of criminal proceedings, which are an abuse of court. Thus, it is possible to invoke the inherent jurisdiction of the trial court to strike out criminal proceedings that are an abuse of the court process.

This is one of the options that a party can use to attack such criminal proceedings.

For more information, advise and representation in criminal matters, you can reach out to us.

23/06/2023

Where we advance your interests by offering legal, regulatory and business solutions.

We train, advise and represent.

05/06/2023

Section 31 of the Employment Act mandates the employer to provide and employee with reasonable housing accommodation. In the alternative, the employer is required to pay a housing allowance to the employee. In effect, this allows the employee to access housing.

In addition, Clause 73 of the Finance Bill, 2023 proposes to amend the Employment Act by introducing a "housing levy". The main objective of this is to enable employees access affordable housing. In essence, this is to allow employees access housing, which is provided for under Section 31, although under a different model. This makes the proposal problematic, and is one of the chief reasons that it is facing serious opposition. It will be interesting to see what the courts will say on this.

In Kibe & Kitilah Advocates, we help employers and employees navigate their employment issues: employment contracts, compliance, employment advisories and dispute resolution.

A middle-size Law firm, but a one stop shop for all your legal issues, where we provide solutions.

05/06/2023

A middle-size Law firm, but a one stop shop for all your legal issues, where we provide solutions.

27/05/2023

We assist in business/organization set-up, advisory on legal and regulatory compliance, general legal services including representation in various courts, tribunals and statutory boards. Ours is a commitment to provide solutions to our clients.

A middle-size Law firm, but a one stop shop for all your legal issues, where we provide solutions.