Wanjiru Kahura Advocates

Wanjiru Kahura Advocates Your Trusted Legal Partners in Kenya |Dispute resolution - commercial & corporate law and family law
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30/04/2026

Many commercial agreements include arbitration clauses:-often overlooked at the signing stage.

While arbitration can be efficient, it can also be costly and complex, especially for small and medium-sized businesses.

Arbitrators’ fees, administrative costs, and procedural expenses can quickly add up sometimes making it difficult for a business to pursue or defend a claim.

Before signing any agreement, it is important to understand:-

• How disputes will be resolved
• The cost implications of arbitration
• Whether it is suitable for your business

A clause that seems standard today may become expensive tomorrow.

Always review dispute resolution clauses carefully before committing.

27/04/2026

When buying land, a search alone is not always enough.

Before completing a transaction, it is important to confirm at the lands registry that there are ‘ no dealings’ reasons on the property.

This is done by checking the day book (binder) — the record where new transactions are first captured before they appear on an official search.

Why this matters:
• These may not yet reflect in the official search
• The property may have a history of fraud not captured in the search
• You risk buying land that is already being transacted

A simple registry check can prevent serious disputes and financial loss.

In land transactions, due diligence must go beyond the search.

22/04/2026

Did you know that every employee is entitled to at least one rest day in every 7 days?

This applies not only to office employees, but also to house managers, gardeners, security guards, and other domestic or casual workers.

Failure to provide a rest day may expose an employer to claims under employment law.

Simple compliance — such as proper scheduling, clear terms, and fair treatment — helps avoid disputes and protects both parties.

Good employment practices are not optional — they are the law.

20/04/2026

Not all loved ones are formally recognized in law — yet they are part of the family.

In many cases, disputes arise where dependants or non-formal beneficiaries are left out during succession.

One way to avoid this is through lifetime gifting (inter vivos transfers), where land or property is transferred while the owner is still alive, ensuring that intention is clear and legally effective.

When combined with tools such as wills and trusts, this can significantly reduce future disputes.

Good planning is not just about property — it is about protecting people.

16/04/2026

When a financial institution moves to recover a debt through auction, significant value can be lost through undervaluation and irregular procedure.

The law requires that property be properly valued and sold at the best obtainable price, not a depressed or arbitrary figure.

Where valuation is flawed, notice is defective, or statutory procedure is not followed, the sale can be challenged and halted.

Early legal intervention can:
• challenge undervaluation
• stop irregular auction sales
• protect equity in the property

Land is not just collateral — it is generational value.

The key is acting before the hammer falls.

Many business owners believe that once they register a company, their personal property is always protected.However, whe...
13/04/2026

Many business owners believe that once they register a company, their personal property is always protected.

However, where a company is used for fraud, hiding assets, or avoiding legal obligations, the court can hold the directors personally responsible.

This means personal assets such as land or bank accounts may be at risk.

Registering a company offers protection — but only when the business is run lawfully and transparently.

06/02/2026

Property Due Diligence in Kenya: What Buyers Must Check
A title search alone is not enough.
Proper property due diligence helps confirm that land is legitimate, transferable, and free from disputes before money changes hands.
Key Due Diligence Checks:
Confirm the root of title (how the seller acquired the property)
Verify the seller’s legal capacity to sell
Check for charges, caveats, or court orders
Confirm land use and zoning compliance
Conduct a physical site visit
Verify land rates and rent clearance
Skipping these steps can expose buyers to fraud, stalled transfers, and litigation.
✅ Takeaway:
Due diligence is not optional — it is the foundation of a safe property transaction

05/02/2026

Matrimonial Property in Kenya: An Educative Guide
There is a common belief that matrimonial property is automatically divided 50:50 upon divorce.
That is not what Kenyan law provides.
What Counts as Matrimonial Property? Under the Matrimonial Property Act, this includes:
The matrimonial home
Household goods and effects
Property acquired during the marriage, whether jointly or in one spouse’s name
How Is Matrimonial Property Shared? Matrimonial property is divided according to contribution, not equally by default.
Types of Contribution Recognised by Law:
Monetary contribution – income, payments, loans, improvements
Non-monetary contribution, including:
Domestic work and managing the home
Childcare
Supporting a spouse’s career or business
Farm work and family enterprise management

04/02/2026

Prenuptial Agreements: Protect Your Assets Before Marriage-

Rising divorce rates in Kenya mean more couples are thinking about how to protect their assets.
A prenuptial agreement (prenup) is a legal contract signed before marriage that specifies how property, businesses, and other assets will be managed or divided in case of divorce.

Why a Prenup Matters:
Protects property you owned before marriage
Clarifies rights to assets acquired during the marriage
Reduces conflict and long court battles if the marriage ends
Provides financial security and peace of mind for both spouses
Remember: A prenup is not about distrust — it’s about planning, protection, and fairness.

✅ Takeaway: Protect your future and your hard-earned assets. Consult a lawyer before saying “I do.”

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