SK Advocates - Competence & Integrity

SK Advocates - Competence & Integrity SK Advocates LLP is a do-it-all law firm strongly founded on competence and a good set of ethics.

Based in Nairobi and Ruiru, we offer efficient and effective legal services all over Kenya. 📧 [email protected]
đź“ž 0746 532 059/0728 851 966.

10/05/2026

CONSTITUTIONAL SUPREMACY IN SUCCESSION LAW: THE HIGH COURT SETS THE RECORD STRAIGHT

In Ripples International v Attorney General & another; FIDA Kenya (Interested Party) [2022] KEHC 14888 (KLR), the High Court affirmed that provisions of the Law of Succession Act, Cap. 160, must be interpreted in line with the Constitution of Kenya, 2010.

The Court relied on Article 262 of the Constitution and the Transitional & Consequential Provisions, which instruct that all pre-2010 laws must be read with the changes necessary to make them conform to the Constitution.

This means that women and men must enjoy equal inheritance rights. Old discriminatory provisions of the Law of Succession Act and all other laws cannot override the Constitution. Succession law must reflect dignity, equality and fairness. Even where old laws remain in statutes that have not yet been repealed or amended accordingly, the Constitution reigns supreme.

This decision is a powerful reinforcement of Kenya’s constitutional architecture and a warning shot against attempts to resurrect outdated, patriarchal succession norms. The message is clear that no court can enforce a law that contradicts the Constitution.

For more insights:
📧 [email protected]
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10/05/2026

PUBLIC PARTICIPATION IN IMPEACHMENT OF A PUBLIC OFFICER: DOES YOUR VIEW REALLY MATTER?

In Kenya, impeachment of a public officer is a purely legislative process. Whether it’s Parliament or a County Assembly, the decision to remove a public officer from office sits squarely with elected representatives. The public is invited to give views, yes, but those views are not a vote and are not binding.

Public participation under Article 10(2) of the Constitution of Kenya is about:
a) Giving notice;
b) Allowing citizens to submit views; and,
c) Considering those views.

It is not about obeying the majority opinion.

So even if every citizen who participates says NO to an impeachment, the Assembly can still lawfully vote YES, provided that the process was fair, transparent, and procedurally sound. Courts will only check the procedure, not the politics.

In short, public participation shapes legitimacy, not the outcome. Impeachment remains a political decision, firmly within the hands of the legislature. If you think otherwise, kindly let's engage in the comments section.

For more insights:
📧 [email protected]
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09/05/2026

JOINT OWNERSHIP VS IN COMMON: KNOW THE DIFFERENCE BEFORE YOU BUY LAND

Have you and your friends or business partners invested in land together? This one is for you.

Alex, Martin, and Paul are friends and business partners. Sometimes in 2021, they contributed money and bought a 2-acre parcel of land worth Kshs. 3 million in Malaa, Machakos. The title was registered jointly in all their names, and they were very happy and proud of themselves. Their spouses and families were aware of the investment and they even organised a party to celebrate the achievement and resolved to make more land investments in future. The land is undivided. Sounds simple, right? It isn’t and this is where and why many buyers of land accidentally lose their hard earned money and investments to their friends and business partners. We'll explain why.

Generally, there are 2 ways in which 2 or more people can own land together:

1. Joint Ownership (Joint Tenancy)

This is a form of co-ownership where two or more persons hold the same, undivided interest in land as a single unit, with no identifiable individual shares. If and when one joint owner dies, their interest doesn’t pass to their family or beneficiaries but automatically passes to the surviving joint owners. No succession. No transmission to heirs. No division of shares. This is what Alex, Martin, and Paul chose, whether knowingly or not. If either of them dies, his share goes to the remaining joint owners, not his family or beneficiaries, and there's absolutely nothing his family and beneficiaries can do about it.

Our advice is that joint ownership is ideal and great for spouses, but dangerous for business partners.

2. Ownership in Common (Tenancy in Common)

This is a form of co-ownership where two or more persons hold identifiable, distinct shares in the same parcel of land, even though the land itself is not physically divided. Each owner’s share is separate, transferable, and inheritable. In simple terms, each person owns a distinct share, say, 1/3, 1/2, 2/3, 10%, 20%, 50% or whatever they agree. If one co-owner dies, their share passes through their estate to their heirs or beneficiaries. This is what land-buying groups, chamas, and business partners like Alex, Martin, and Paul should be doing when buying land jointly, but they don’t.

Before you and your friends or business partners buy land together, ask one hard question - “If one of us dies or exits, what happens to their share?” Remember, land law doesn’t forgive ignorance. So don't be ignorant.

For more insights:
📧 [email protected]
đź“ž 0746 532 059


09/05/2026

DUE DILIGENCE WHEN BUYING LAND: CONDUCTING OFFICIAL SEARCH VS INSPECTING THE GREEN CARD/LAND REGISTER

Most people think conducting an official land search is the gold standard of due diligence when buying land in Kenya. It isn’t. In fact, stopping at a simple search is how buyers walk straight into fraud, double allocation, etc.

An official search shows you only what the Land Registry wants to tell you. It’s a snapshot or a summary. It's a secondary extract of whatever entries the land registrar has keyed into the green card/land register. If there are omissions, errors or delays in updating entries in the land register, the official search won’t show them. It’s useful but not sufficient.

A green card/land register, on the other hand, is the primary record. It is the mother file. It shows all historical entries from the first registration, all transfers, charges, cautions, restrictions, inhibitions, etc. It also shows any suspicious alterations, white-out marks, overwriting, gaps, or inconsistencies, the handwriting, the dates, the sequencing, etc. These are details that expose fraud instantly. If someone tampered with the land history, you’ll see it in the green card/land register. If the official search hides it intentionally or otherwise, the green card/land register won’t.

Relying only on an official search is the legal equivalent of taking someone’s word for it. Inspecting the actual register is seeing the truth for yourself. Serious buyers, developers, banks, and smart advocates like us never skip the register.

If you’re buying land in Kenya and you haven’t inspected the green card, your due diligence is incomplete and your risk exposure is high. Before signing anything, pay the requisite fee at the land registry, inspect the register, in fact, obtain a certified true copy of the register, and reconcile it with the official search. That’s how you avoid losing your money.

If you need help conducting airtight due diligence, we can walk you through the process.

📧 [email protected]
đź“ž 0746 532 059


08/05/2026

Purchase of a deceased person’s land before confirmation of grant: A legal and financial risk.

In Kenya, the estate of a deceased person cannot be lawfully sold or transferred before the grant of letters of administration is confirmed under the Law of Succession Act.

A sale without a confirmed grant is void ab initio. In Re Estate of the Late Epharus Nyambura Nduati (Deceased) [2021] KEHC 867 (KLR), the High Court held that no immovable property belonging to a deceased person can be sold and transferred before confirmation of the grant unless leave of the court has first been obtained.

To be safe, always insist on:
a) A confirmed grant authorising distribution.
b) Transmission of the property to the beneficiary.
c) A valid title in the name of the beneficiary/intended seller.

For more insights:
📧 [email protected]
đź“ž 0746 532 059




07/05/2026

OVERTIME AT WORK: ARE YOU BEING PAID WHAT THE LAW SAYS YOU SHOULD?

Many employees quietly put in extra hours...late evenings, weekends, public holidays...without ever confirming whether they’re actually entitled to compensation. The law is clear on this.

If you work beyond the statutory hours of 52 hours per week provided under the Regulation of Wages & Conditions of Employment Act or the contractual limit, as the case may be, the employer must either pay overtime or grant time off in lieu, depending on contractual terms, unless they fall within the exempt categories under the law.

Section 74 of the Act obligates an employer to keep and maintain employment records. These records include the number of hours worked. Courts have affirmed this obligation repeatedly.

Working late shouldn’t mean working for free. Know your rights. Compensation for overtime is not a favour. It is an entitlement. Claim it.

For more insights:
📧 [email protected]
đź“ž 0746 532 059


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07/05/2026

PROTECTION OF REFUGEES IN KENYA IS A LEGAL RIGHT, NOT A FAVOUR!

Refugee protection in Kenya sits at the intersection of domestic constitutional law, statutory law, and international obligations. The Refugees Act 2006, the Constitution of Kenya 2010, and treaties such as the 1951 Refugee Convention and the 1969 OAU Convention create a robust legal framework.

However, having laws on paper is only half the story because despite this comprehensive legal framework, refugees and asylum-seekers in Kenya often face real risks such as discrimination, restricted movement, and threats of forced repatriation. Real protection comes when rights are enforced by courts and respected in practice.

Under the Refugees Act, 2006, and the Constitution of Kenya 2010, refugees and asylum-seekers have rights that include protection from refoulement (forced return to danger), freedom of movement, and access to a fair status determination process. Luckily, our courts have reinforced these rights boldly.

In Kituo Cha Sheria & 8 Others v Attorney General (2013) eKLR, the High Court held that refugees must enjoy fundamental rights including freedom of movement and that policies pushing refugees into camps without regard for constitutional protections can violate the law.

In Refugee Consortium of Kenya & Another v Attorney General (2015) eKLR, the High Court emphasised that refugees, especially children, are vulnerable persons under the Constitution and that state directives must consider their welfare and fundamental rights.

These judgments or authorities aren’t technicalities. They ensure that refugee protection is anchored in human dignity, constitutional rights, and international obligations.

The bottom line is that upholding refugee rights and freedoms is both moral and lawful.

For more insights:
📧 [email protected]
đź“ž 0746 532 059


So now you're buying land like cement?? Continue!!!
07/05/2026

So now you're buying land like cement?? Continue!!!

07/05/2026

Understanding Adoption & Guardianship — What Every Kenyan Should Know.

Adoption and guardianship determine who cares for a child, who makes decisions on their behalf, and ultimately how a child’s future is protected.

Adoption permanently transfers parental rights and responsibilities from biological parents to adoptive parents. Once an adoption order is granted, the child is treated in law as the child of the adoptive parents.

The key principles of adoption are:
a) The child’s best interests must be the paramount consideration.
b) Consent of the biological parents may be required unless waived for compelling reasons.

Prominently, in Re M (Adoption) (A Child) [2010] eKLR, the High Court affirmed that a child’s welfare outweighs all other considerations in granting adoption.

Courts have also clarified that parental consent must be genuine, informed, free, and not obtained by duress.

Guardianship, on the other hand, is usually temporary and does not extinguish parental rights. Guardians are appointed to care for and manage the child’s needs when parents are unable to do so.

In practice, guardianship orders can be made where parents are deceased, unfit, absent, or unable to act in the child’s best interests.

The High Court has emphasized child stability and continuity of care as central to appointing a guardian.

The bottom line is that both adoption and guardianship are tools to protect children, but adoption creates a new legal family, but guardianship does not. If you are considering either, professional legal advice is essential to navigate consent requirements, welfare assessments, and court processes.

For more insights:
📧 [email protected]
đź“ž 0746 532 059


06/05/2026

Unfair Labour Practices Disguised as Redundancy: What Should You Look Out For?

Redundancy is a lawful termination of employment initiated by the employer, not because of employee misconduct or poor performance, but because the employer’s operational needs have changed. It is about the position becoming unnecessary, not the employee being at fault.

Under the Employment Act, redundancy arises where an employee’s job is lost due to:
a) Structural changes.
b) Technological shifts.
c) Organizational reorganization.
d) Economic downturn
e) Closure or scaling down of business.

The essence is that:
a) The employer no longer needs the role.
b) It is NOT a disciplinary process.
c) It is NOT an excuse to eject an unwanted employee.

Courts scrutinize redundancy very closely because many employers try to disguise unfair dismissal as “organizational restructuring.” Some employers think they can fire employees and simply call it “redundancy.”

A redundancy is only legal if the job truly no longer exists. It is unfair termination disguised as redundancy if the employer:
a) Replaces you immediately.
b) Hires someone else in your role.
c) Uses redundancy instead of doing a disciplinary process.
d) Has no evidence of restructuring.
e) Targets one specific employee.

Redundancy must be real and backed by evidence. Selection must be fair and objective. Rehiring after redundancy shows bad faith. Lack of documentation kills the entire process.

The Bottom line is that redundancy is not a shortcut for firing people. If the employer cannot prove a genuine operational need, the court will declare it unfair and unlawful and award compensation.

For more insights:
📧 [email protected]
đź“ž 0746 532 059



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Nairobi Office: Above All Points Store, Next To Co-operative Bank, Near Equity Bank, Kasarani, Nairobi. , Ruiru Office: Jenald Plaza, 2nd Floor, Opposite KCB Bank, Next To Finance House, Near Equity B
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