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Monday 08:00 - 16:00 Tuesday 08:00 - 16:00 Wednesday 08:00 - 16:00 Thursday 08:00 - 16:00 Friday 08:00 - 16:00

Josons Advocates LLP

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Experienced law firm based in Nairobi, providing expert Legal Advice, Services, and Representation.

03/09/2026

Can a will be challenged in Kenya?

The process of making a will can be complex, given the dynamic nature of the family in Kenya.
In certain scenarios, if a will is not well made, grey areas may give rise to disputes. Given this dynamic, if a will is contested and a testator is no longer alive to clarify their intentions, or lacks mental capacity to do so, the Law of Succession Act provides the following grounds:
1. Fraud or Forgery: If one believes the will was forged or the deceased was tricked into signing it.
2. Undue Influence: If you suspect that someone pressured or manipulated the deceased into creating or altering the will.
3. Lack of Mental Capacity: If the deceased did not have the mental capacity to make decisions when drafting the will.
4. Improper Ex*****on: If the will was not properly signed or witnessed as required by Kenyan law.
5. Revocation: If the deceased revoked or changed the will without proper procedure.
of Succession

01/09/2026

Protect What You Built:

Why Estate Planning Is Key for the security of your Wealth

Estate planning is the process of anticipating and preparing for the future of one's wealth while alive. The essence of it is to appropriately dispose of one's wealth in case of one's incapacitation or demise.
A question you might have is, why should I plan and anticipate my death? Well, among the important aspects of Estate planning is that it gives you the ability to protect and manage your wealth, legacy, and family even after your death.

When it comes to Wealth and Legacy, planning is important for maximising the value of the Estate by minimising taxes and other expenses, in addition to eliminating uncertainties in the administration of the Estate.

Finally, planning for your Estate is necessary to protect your loved ones. This is by catering for the needs of minors where there are any, dividing assets according to your wishes to
protect them from a long succession process and disagreements that may harm family relations.
Follow us for more insights on Estate planning and succession.

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28/08/2026

Who Gets the cut?

Legal definition of a Dependent in Kenyan Succession Law

Section 29 of the Law of Succession Act provides that a dependent is one who is; the wife or wives, or former wife or wives, and the children of the deceased, The parents, step-parents, grandparents, grandchildren, step-children, children whom the deceased had taken into his family as his own, brothers and sisters, and half-brothers and half-sisters, as were being maintained by the deceased immediately before his death; and Where the deceased was a woman, her husband if he was being maintained by her immediately before the date of her death.

The case of Beatrice Ciamutua Rugamba v Fredrick Nkari Mutegi & 5 others provides that “a dependent under section 29 (b) and (c) must prove that he or she was being maintained by the deceased immediately before his demise rather than relying merely on the existence of a
relationship.

If a valid dependant under Section 29 is left out of a will or receives nothing from an intestate
distribution, Section 26 of the Law of Succession Act provides an avenue for the court to hear them via an application. The court will then review the application and using its discretion, order that a reasonable provision be given for them. This decision will be based on: The financial needs and age of the dependant, the overall size and value of the deceased's estate, and whether the deceased in Testacy has a reason for leaving them out.

25/08/2026

CAN A WIFE SUBSISTING FROM AN ILLEGAL MARRIAGE INHERIT?

In Kenya, where a man enters into a marriage while, by law, still being married to another Spouse in amonogamous marriage, while alive, is Considered Bigamy. Moreover, the Law of Succession Act provides that a wife qualifies as a beneficiary if legally married to a deceased person in a monogamous marriage.
Nevertheless, in July 2026, the High Court in Nairobi ruled in re Estate of the Late Musyimi (Deceased) [2026], that a woman can be recognised as a wife if married to a man whose monogamous marriage to another woman had not yet been dissolved, for the purpose of her rights to being a beneficiary.

These rights are protected in Section 3(5) and 29 of the Act. The Court found that the evidence
presented before it by the ‘second wife’ was that the deceased treated her as his wife fully by conduct of having children, and recognising her as his wife, as was the testimony of witnesses. Following this, the court ruled in favor of the ‘second wife’, granting her the rights to be a Joint Administrator of the
Estate.

Therefore, A woman in a subsequent marriage that is potentially bigamous due to an undissolved prior monogamous marriage retains her rights as a beneficiary and can still inherit and serve as an administrator to an Estate.

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28/07/2026

Your legal concerns deserve the right attention.

At Josons Advocates LLP, we provide trusted legal guidance, strategic advice, and effective representation when you need it most.

Call +254 793 061674

or
email [email protected].

01/05/2026

Happy Labour Day from all of us at Josons Advocates LLP

Today, we pause to honour the dedication, resilience, and integrity of the hands and minds that build our nation and shape our shared future.

Your work matters. Your effort is seen. Your contribution makes a lasting difference in families, businesses, and communities across the country.

Wishing you a restful and meaningful Labour Day.

08/03/2026

Happy Women's Day.

Give to gain - advancing rights, justice, and action for women and girls.

Address

Fedha Plaza, 1st Floor, Suite 101, Mpaka Road
Nairobi
00254

Opening Hours

Monday	08:00 - 16:00
Tuesday	08:00 - 16:00
Wednesday	08:00 - 16:00
Thursday	08:00 - 16:00
Friday	08:00 - 16:00

Telephone

+254700528858

Website

http://www.jmcalawfirm.com/

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