Ogeka Gechanga - Advocate & Legal Consultant

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Ogeka Gechanga - Advocate & Legal Consultant Results-driven legal solutions • Legal Writer & Commentator •

11/10/2026

... for VAT-registered businesses, the timing of an input VAT claim can be just as important as the validity of the underlying transaction...

11/10/2026

In his judgment, Justice Chacha Mwita said the DCI violated the Constitution by arresting the judge, confiscating his mobile phone and subsequently going on a smear campaign.

11/10/2026

This Is What The Law Expects You To Do When Someone Is Building On Your Land. 👇

Firstly, do not resort to violencè.
Do not attaçk the person, destroy the building materials or take the law into your own hands.

Gather your land documents.
Keep your deed, survey plan, purchase receipt and other evidence that supports your ownership.

Document the trespass.
Take photographs or videos of the construction, keep relevant messages and identify witnesses who can help establish what happened.

Consult a lawyer immediately.
Your lawyer can issue a formal notice demanding that the trespass stop and advise you on the appropriate legal steps depending on the circumstances of each case.

Go to court if necessary. Especially where title is in issue.

Depending on the facts, where the person still refused to stop the trespass, you may seek an injunction to stop further construction and pursue other appropriate remedies, including damages where justified.

Do not assume that because someone has started building on your land, you must demolish the structure yourself.

That action may backfire especially if the person happens to subsequently prove a better title.

So the law provides remedies for protecting your property, but the appropriate remedy depends on the circumstances of the case.

In addition to the above act promptly. Do not fold your hands and watch the person complete the building before seeking legal remedies.

All the best.

Emmanuella Ojialor

11/10/2026

Can a court reopen a case on its own motion right before delivering judgment?

In Mashua v Shah & another [2025] KEELC 4350 (KLR), the parties had closed their cases and the court was set to deliver judgment. The plaintiff claimed ownership of land he said he had occupied for over 55 years. Among the documents he produced was an official search from December 2020 that showed a pending “transfer by charge.” He offered no explanation for that entry and he did not produce a current search or certified copy of the title.

Justice M.D. Mwangi noted that Order 21 Rule 6 of the Civil Procedure Rules requires a certified copy of the title before any judgment that would alter the land register. The court also needed to understand the basis of the pending transfer by charge. The proper person to clarify both issues was the Land Registrar, who maintains the register and the parcel file.

Relying on Section 22(b) of the Civil Procedure Act and Section 173 of the Evidence Act, the court vacated the judgment date on its own motion, reopened the case, and summoned the Land Registrar, Kajiado Central, to appear and produce the parcel file.

04/10/2026

From the Supreme Court’s decision in Sehmi & Another v Tarabana Company Limited & 5 Others, it is established that Your Title Deed Might Not Be Enough. The Judgment serves as an important reminder that a title deed is not, by itself, the end of property due diligence. Buyers must look beyond the title and consider the history of the property, official land records, physical inspection, and the legality of the underlying transaction.

In the case, the Supreme Court considered the limits of the bona fide purchaser doctrine and the circumstances in which a title may be challenged where it originates from an illegal or irregular allocation.

hashtag

04/10/2026

Article 53 of the 2010 Constitution of Kenya, provides that every child has the right to basic nutrition, shelter and healthcare; to parental care and protection, which includes equal responsibility of the mother and father to provide for the child, whether they are married to each other or not. At all times therefore, the best interest of the child is paramount.

In Kenya, the protection of the welfare of the child is founded on the Constitution and further supported by other bodies of law, primarily the Children Act No. 29 of 2022. Part IX of the Children Act provides for the custody and maintenance of the child.

17/09/2026

PUBLIC CAUTION AGAINST INVESTMENT SCAMS!

08/09/2026

Section 29 of the Law of Succession Act provides as follows:
“29. Meaning of dependant For the purposes of this Part, "dependant" means-
(a)
the wife or wives, or former wife or wives, and the children of the deceased whether or not maintained by the deceased immediately prior to his death;
(b)
such of the deceased's 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 prior to his death; and
(c)
where the deceased was a woman, her husband if he was being maintained by her immediately prior to the date of her death.”
(a)
the wife or wives, or former wife or wives, and the children of the deceased whether or not maintained by the deceased immediately prior to his death;
(b)
such of the deceased's 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 prior to his death; and
(c)
where the deceased was a woman, her husband if he was being maintained by her immediately prior to the date of her death.”

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