Ngene and Associates Advocates

17/06/2026

𝐈𝐟 𝐘𝐨𝐮 𝐖𝐞𝐫𝐞 𝐍𝐨𝐭 𝐇𝐞𝐫𝐞 𝐓𝐨𝐦𝐨𝐫𝐫𝐨𝐰, 𝐖𝐡𝐚𝐭 𝐖𝐨𝐮𝐥𝐝 𝐇𝐚𝐩𝐩𝐞𝐧 𝐓𝐨 𝐘𝐨𝐮𝐫 𝐁𝐮𝐬𝐢𝐧𝐞𝐬𝐬?

Most business owners know how to start a business.

Far fewer know how to protect it if they are no longer around to manage it.

Yet one of the most important legal questions every entrepreneur should consider is: What happens to my business if something happens to me?

Many business owners spend years building successful enterprises but never put in place the legal structures necessary to protect the business in their absence.

Without proper planning:

• Bank accounts may become difficult to access.
• Business operations may stall.
• Ownership disputes may arise among family members or partners.
• Employees may face uncertainty.
• Clients and suppliers may be left without direction.

Business continuity is not just a management issue.

It is a legal issue.

Every business owner should consider:

✓ A properly structured business entity.
✓ Shareholder or partnership agreements.
✓ Clear succession plans.
✓ Updated wills and estate plans.
✓ Powers of attorney for business affairs.
✓ Documentation of ownership and decision-making authority.
✓ Governance structures that support continuity.

The question is not whether succession planning is necessary.

The question is whether your business is prepared if the unexpected happens.

A business should be built to survive beyond its founder.

Have you taken steps to legally protect the future of your business?

01/06/2026

01/06/2026

𝐂𝐄𝐋𝐄𝐁𝐑𝐀𝐓𝐈𝐍𝐆 𝐎𝐔𝐑 𝐅𝐑𝐄𝐄𝐃𝐎𝐌

Commemorating the vision and sacrifice of those who led us to self-rule.

Madaraka Day marks an important moment in Kenya’s history a step toward self-governance and national identity.

It is a reminder of the importance of:
• leadership
• responsibility
• and the rule of law in shaping society

As we reflect on this day, we honour the journey that has brought us here and the legal and institutional frameworks that continue to support our nation.

🇰🇪 Happy Madaraka Day.

29/05/2026

𝐋𝐎𝐍𝐆 𝐖𝐄𝐄𝐊𝐄𝐍𝐃 𝐋𝐄𝐆𝐀𝐋 𝐑𝐄𝐌𝐈𝐍𝐃𝐄𝐑

As we head into the Madaraka weekend, we wish you a happy and restful long weekend ahead of the celebrations.

As you unwind and enjoy the break, remember to remain mindful and law-abiding in all your activities.

If any legal issues arise, note that court operations resume on Tuesday.

Have a safe, peaceful, and enjoyable long weekend.

29/05/2026

We are officially 𝗼𝘂𝘁 𝗼𝗳 𝗼𝗳𝗳𝗶𝗰𝗲 and will be back on 𝗠𝗼𝗻𝗱𝗮𝘆 𝟮𝗻𝗱 𝗝𝘂𝗻𝗲. We hope you get to rest, recharge and enjoy some well-deserved time with the people who matter most.

For urgent matters in the meantime, you can still reach us via phone call or email, and we will respond as soon as we are back.

Wishing you a wonderful long weekend.

📞 +254 726 803445

27/05/2026

To all our clients, colleagues and friends observing Eid Al-Adha today, we wish you a blessed and joyful celebration, filled with peace, gratitude and togetherness.

May this day of sacrifice and reflection bring you and your families abundant blessings.

26/05/2026

What Counts as "Contribution" to Matrimonial Property?

This is one of the most hotly contested questions in Kenyan family law right now and it matters deeply to both men and women.

Under the 𝗠𝗮𝘁𝗿𝗶𝗺𝗼𝗻𝗶𝗮𝗹 𝗣𝗿𝗼𝗽𝗲𝗿𝘁𝘆 𝗔𝗰𝘁, 2013, matrimonial property is divided 𝗮𝗰𝗰𝗼𝗿𝗱𝗶𝗻𝗴 𝘁𝗼 𝗰𝗼𝗻𝘁𝗿𝗶𝗯𝘂𝘁𝗶𝗼𝗻. There is no automatic 50-50 split — this was confirmed by Kenya's Supreme Court in the landmark case of 𝗝𝗢𝗢 𝘃 𝗠𝗕𝗢 (2023). But what exactly counts as a contribution?

𝗧𝗵𝗲 𝗹𝗮𝘄 𝗿𝗲𝗰𝗼𝗴𝗻𝗶𝘀𝗲𝘀 𝗯𝗼𝘁𝗵 𝗺𝗼𝗻𝗲𝘁𝗮𝗿𝘆 𝗮𝗻𝗱 𝗻𝗼𝗻-𝗺𝗼𝗻𝗲𝘁𝗮𝗿𝘆 𝗰𝗼𝗻𝘁𝗿𝗶𝗯𝘂𝘁𝗶𝗼𝗻𝘀. This includes:

👉𝗗𝗶𝗿𝗲𝗰𝘁 𝗳𝗶𝗻𝗮𝗻𝗰𝗶𝗮𝗹 𝗰𝗼𝗻𝘁𝗿𝗶𝗯𝘂𝘁𝗶𝗼𝗻𝘀 — paying for or towards the purchase of property, land, or a home

👉𝗜𝗻𝗱𝗶𝗿𝗲𝗰𝘁 𝗳𝗶𝗻𝗮𝗻𝗰𝗶𝗮𝗹 𝗰𝗼𝗻𝘁𝗿𝗶𝗯𝘂𝘁𝗶𝗼𝗻𝘀 — paying household bills and expenses, freeing the other spouse to save and invest

👉𝗗𝗼𝗺𝗲𝘀𝘁𝗶𝗰 𝗹𝗮𝗯𝗼𝘂𝗿 𝗮𝗻𝗱 𝗰𝗵𝗶𝗹𝗱𝗿𝗲𝗮𝗿𝗶𝗻𝗴 — managing the home and raising children, which enables the other spouse to focus on wealth creation

👉𝗜𝗺𝗽𝗿𝗼𝘃𝗲𝗺𝗲𝗻𝘁𝘀 𝘁𝗼 𝗽𝗿𝗼𝗽𝗲𝗿𝘁𝘆 — renovating or developing a property already owned by the other spouse can sometimes bring it into the matrimonial pool

𝗧𝗵𝗲 𝗰𝗵𝗮𝗹𝗹𝗲𝗻𝗴𝗲? Non-monetary contributions are difficult to quantify and require evidence. Courts need to be convinced and the burden of proof lies with the party making the claim. This is precisely why documenting your contributions throughout the marriage matters more than most people realise.

𝗧𝗵𝗲 𝗱𝗲𝗯𝗮𝘁𝗲 𝗮𝗿𝗼𝘂𝗻𝗱 𝘄𝗵𝗲𝘁𝗵𝗲𝗿 𝗦𝗲𝗰𝘁𝗶𝗼𝗻 𝟳 𝗶𝘀 𝗳𝗮𝗶𝗿 𝘁𝗼 𝘄𝗼𝗺𝗲𝗻 𝗶𝘀 𝘀𝘁𝗶𝗹𝗹 𝗿𝗮𝗴𝗶𝗻𝗴 𝗶𝗻 𝗼𝘂𝗿 𝗰𝗼𝘂𝗿𝘁𝘀. In October 2025, the Court of Appeal upheld that Section 7 is constitutional but affirmed that both monetary and non-monetary contributions must be meaningfully evaluated. The conversation is far from over.

What are your thoughts? Should domestic work and childcare carry equal weight to financial contributions? Tell us below 👇

📞 +254 726 803445

25/05/2026

𝗠𝗼𝗻𝗱𝗮𝘆 𝗺𝗼𝗿𝗻𝗶𝗻𝗴 𝘁𝗵𝗼𝘂𝗴𝗵𝘁

"𝘛𝘩𝘦 𝘣𝘦𝘴𝘵 𝘵𝘪𝘮𝘦 𝘵𝘰 𝘱𝘳𝘰𝘵𝘦𝘤𝘵 𝘺𝘰𝘶𝘳𝘴𝘦𝘭𝘧 𝘪𝘴 𝘣𝘦𝘧𝘰𝘳𝘦 𝘺𝘰𝘶 𝘯𝘦𝘦𝘥 𝘱𝘳𝘰𝘵𝘦𝘤𝘵𝘪𝘰𝘯."

In law, as in life, we rarely anticipate the moments that will change everything; a business dispute, a relationship breakdown, a sudden loss, a contract gone wrong. Most people only seek legal advice when they are already in a crisis. And by then, the options are often narrower and the costs much higher.

𝗣𝗿𝗼𝗮𝗰𝘁𝗶𝘃𝗲 𝗹𝗲𝗴𝗮𝗹 𝗽𝗹𝗮𝗻𝗻𝗶𝗻𝗴 𝗶𝘀 𝗻𝗼𝘁 𝗮 𝗹𝘂𝘅𝘂𝗿𝘆, 𝗶𝘁 𝗶𝘀 𝗮 𝗳𝗼𝘂𝗻𝗱𝗮𝘁𝗶𝗼𝗻. Whether it's putting your agreements in writing, understanding your property rights before you marry, reviewing your employment contracts, or ensuring your business is properly structured; these are not things to deal with "later."

This week, we challenge you: 𝗶𝘀 𝘁𝗵𝗲𝗿𝗲 𝗮 𝗹𝗲𝗴𝗮𝗹 𝗺𝗮𝘁𝘁𝗲𝗿 𝘆𝗼𝘂 𝗵𝗮𝘃𝗲 𝗯𝗲𝗲𝗻 𝗽𝘂𝘁𝘁𝗶𝗻𝗴 𝗼𝗳𝗳? Today is a good day to address it.

Have a productive and purposeful week
📞 +254 726 803445

22/05/2026

𝗔 𝗽𝗿𝗲𝗻𝘂𝗽 𝗱𝗼𝗲𝘀𝗻'𝘁 𝗺𝗲𝗮𝗻 𝘆𝗼𝘂 𝗱𝗼𝗻'𝘁 𝘁𝗿𝘂𝘀𝘁 𝘆𝗼𝘂𝗿 𝗽𝗮𝗿𝘁𝗻𝗲𝗿. 𝗜𝘁 𝗺𝗲𝗮𝗻𝘀 𝘆𝗼𝘂 𝗿𝗲𝘀𝗽𝗲𝗰𝘁 𝗲𝗮𝗰𝗵 𝗼𝘁𝗵𝗲𝗿 𝗲𝗻𝗼𝘂𝗴𝗵 𝘁𝗼 𝗯𝗲 𝗵𝗼𝗻𝗲𝘀𝘁.

We know the word "prenup" makes a lot of Kenyans uncomfortable. It feels unromantic. It feels like you're planning for the marriage to fail before it even begins. But hear us out, because this conversation is long overdue.

A prenuptial agreement is simply a legal contract signed 𝗯𝗲𝗳𝗼𝗿𝗲 𝗺𝗮𝗿𝗿𝗶𝗮𝗴𝗲 that sets out how property and finances will be handled 𝗱𝘂𝗿𝗶𝗻𝗴 𝘁𝗵𝗲 𝗺𝗮𝗿𝗿𝗶𝗮𝗴𝗲 and if it ever ends. Think of it the way you would a shareholders' agreement in a business not a sign that the business will fail, but a sign that the people involved are serious, clear-eyed and prepared.

𝗜𝘀 𝗶𝘁 𝗲𝘃𝗲𝗻 𝗹𝗲𝗴𝗮𝗹 𝗶𝗻 𝗞𝗲𝗻𝘆𝗮?
Yes, absolutely. Section 6(3) of the Matrimonial Property Act, 2013 expressly recognises the right of parties to an intended marriage to enter into an agreement to determine their property rights. Kenyan courts have increasingly upheld prenups where they are fair, voluntary and properly executed.

𝗪𝗵𝗮𝘁 𝗰𝗮𝗻 𝗮 𝗽𝗿𝗲𝗻𝘂𝗽 𝗮𝗰𝘁𝘂𝗮𝗹𝗹𝘆 𝗰𝗼𝘃𝗲𝗿?
✅ Assets each party is bringing into the marriage
✅ How property acquired together during the marriage will be treated
✅ Business interests, shares and investments
✅ Debt responsibilities including debts brought in before the marriage
✅ Spousal maintenance arrangements if the marriage ends

𝗪𝗵𝗮𝘁 𝗶𝘁 𝗰𝗮𝗻𝗻𝗼𝘁 𝗱𝗼:
A prenup cannot determine child custody or override child support. No matter what an agreement says, Kenyan law will always prioritise the best interests of the child.

𝗛𝗼𝘄 𝗱𝗼 𝘆𝗼𝘂 𝗮𝗰𝘁𝘂𝗮𝗹𝗹𝘆 𝗴𝗲𝘁 𝗼𝗻𝗲?
This is the part most people don't know. Here's how the process works:

1️⃣ 𝗛𝗮𝘃𝗲 𝗮𝗻 𝗼𝗽𝗲𝗻 𝗰𝗼𝗻𝘃𝗲𝗿𝘀𝗮𝘁𝗶𝗼𝗻 𝘄𝗶𝘁𝗵 𝘆𝗼𝘂𝗿 𝗽𝗮𝗿𝘁𝗻𝗲𝗿 — Agree in principle on what you each want to protect or clarify before involving lawyers.
2️⃣ 𝗙𝘂𝗹𝗹 𝗱𝗶𝘀𝗰𝗹𝗼𝘀𝘂𝗿𝗲 𝗼𝗳 𝗮𝘀𝘀𝗲𝘁𝘀 — Both parties must honestly disclose everything they own. A prenup signed without full disclosure can be challenged and thrown out in court.
3️⃣ 𝗘𝗮𝗰𝗵 𝗽𝗮𝗿𝘁𝘆 𝗴𝗲𝘁𝘀 𝗶𝗻𝗱𝗲𝗽𝗲𝗻𝗱𝗲𝗻𝘁 𝗹𝗲𝗴𝗮𝗹 𝗮𝗱𝘃𝗶𝗰𝗲 — This is important. Both parties should have their own lawyer review the agreement so no one can later claim they didn't understand what they were signing.
4️⃣ 𝗧𝗵𝗲 𝗮𝗴𝗿𝗲𝗲𝗺𝗲𝗻𝘁 𝗶𝘀 𝗱𝗿𝗮𝗳𝘁𝗲𝗱, 𝗿𝗲𝘃𝗶𝗲𝘄𝗲𝗱 𝗮𝗻𝗱 𝘀𝗶𝗴𝗻𝗲𝗱 — It must be in writing, signed by both parties and witnessed.
5️⃣ 𝗗𝗼 𝘁𝗵𝗶𝘀 𝘄𝗲𝗹𝗹 𝗯𝗲𝗳𝗼𝗿𝗲 𝘁𝗵𝗲 𝘄𝗲𝗱𝗱𝗶𝗻𝗴 — A prenup signed under pressure or the night before the wedding is far more likely to be challenged in court. Give the process the time and respect it deserves.

𝗙𝗼𝗿 𝗶𝘁 𝘁𝗼 𝗵𝗼𝗹𝗱 𝘂𝗽 𝗶𝗻 𝗰𝗼𝘂𝗿𝘁, the agreement must be entered into freely, not under pressure or duress, and it must not be grossly one-sided. A prenup that leaves one party with nothing will not survive judicial scrutiny.

A 𝗽𝗿𝗲𝗻𝘂𝗽 𝗶𝘀 𝗻𝗼𝘁 𝗷𝘂𝘀𝘁 𝗳𝗼𝗿 𝘁𝗵𝗲 𝘄𝗲𝗮𝗹𝘁𝗵𝘆. If you own a plot, a small business, a family home, or stand to inherit anything, a prenup is worth considering. It is not about distrust. It is about clarity, protection and starting your marriage with honest conversations already behind you.

Have questions about prenups or how to get started? Drop them below or reach out directly 👇
📞 +254 726 803445
🌐 www.ngeneadvocates.com

21/05/2026

𝗬𝗼𝘂𝗿 𝗺𝗼𝘁𝗵𝗲𝗿 𝗰𝗮𝗻𝗻𝗼𝘁 𝘀𝗮𝘃𝗲 𝘆𝗼𝘂𝗿 𝗽𝗿𝗼𝗽𝗲𝗿𝘁𝘆 𝗳𝗿𝗼𝗺 𝘆𝗼𝘂𝗿 𝗱𝗶𝘃𝗼𝗿𝗰𝗲.

Okay, let's talk about this. The advice going around right now that men should register their property in their mother's name to protect it from a spouse at divorce; sounds clever. It really does. But let's be honest about what it actually is, what it actually risks, and what the law actually says.

𝗙𝗶𝗿𝘀𝘁, 𝘄𝗵𝗮𝘁 𝗶𝘀 𝗺𝗮𝘁𝗿𝗶𝗺𝗼𝗻𝗶𝗮𝗹 𝗽𝗿𝗼𝗽𝗲𝗿𝘁𝘆?
Not everything you own is automatically up for grabs at divorce. Under the Matrimonial Property Act, 2013, matrimonial property is specifically:
👉The matrimonial home regardless of whose name is on the title
👉Household goods and movable assets acquired during the marriage
👉Any movable or immovable property jointly acquired during the marriage

𝗪𝗵𝗮𝘁 𝗶𝘀 𝗡𝗢𝗧 𝗺𝗮𝘁𝗿𝗶𝗺𝗼𝗻𝗶𝗮𝗹 𝗽𝗿𝗼𝗽𝗲𝗿𝘁𝘆?
👉Property you owned 𝗯𝗲𝗳𝗼𝗿𝗲 the marriage as long as your spouse did not contribute to it during the marriage
👉Gifts and inheritance; property you received as a gift or through inheritance stays yours
👉 Ancestral property; land or assets passed down through your family lineage
So if you already owned land before you married, or inherited your family home, that is generally protected. You do not need to hide it in anyone else's name.

⚠️ 𝗕𝘂𝘁 𝗵𝗲𝗿𝗲 𝗶𝘀 𝘁𝗵𝗲 𝗽𝗮𝗿𝘁 𝗽𝗲𝗼𝗽𝗹𝗲 𝗺𝗶𝘀𝘀: If your spouse contributed to improving exempt property during the marriage; paid for renovations, serviced a mortgage, developed the land, they can acquire a beneficial interest proportional to that contribution. Exemptions are real, but they are not absolute.

𝗦𝗼 𝘄𝗵𝗮𝘁 𝗰𝗼𝘂𝗻𝘁𝘀 𝗮𝘀 𝗰𝗼𝗻𝘁𝗿𝗶𝗯𝘂𝘁𝗶𝗼𝗻?
This is where it gets interesting. Contribution under Kenyan law is not just about who paid. It includes:
👉Direct financial payments toward property
👉Managing the household which freed you to earn and invest
👉Childcare and companionship; yes, these are explicitly recognised in the Act
👉Farm work and family business management if it benefited the family, it counts

And no, it is not automatically; each spouse gets a share 𝗽𝗿𝗼𝗽𝗼𝗿𝘁𝗶𝗼𝗻𝗮𝗹 𝘁𝗼 𝘁𝗵𝗲𝗶𝗿 𝗰𝗼𝗻𝘁𝗿𝗶𝗯𝘂𝘁𝗶𝗼𝗻, nothing more.

𝗡𝗼𝘄 𝗯𝗮𝗰𝗸 𝘁𝗼 𝘁𝗵𝗮𝘁 𝗮𝗱𝘃𝗶𝗰𝗲.
Kenyan courts are not naive. A transfer of property to a parent specifically designed to defeat a spouse's legitimate claim can and does get unwound by judges. They look at the substance of a transaction, not just who holds the title deed.

And here is the risk nobody tells you about, 𝗼𝗻𝗰𝗲 𝘁𝗵𝗮𝘁 𝗽𝗿𝗼𝗽𝗲𝗿𝘁𝘆 𝗶𝘀 𝗶𝗻 𝘆𝗼𝘂𝗿 𝗺𝗼𝘁𝗵𝗲𝗿'𝘀 𝗻𝗮𝗺𝗲, 𝗶𝘁 𝗶𝘀 𝗹𝗲𝗴𝗮𝗹𝗹𝘆 𝗵𝗲𝗿𝘀. She can sell it. She can charge it. It can get swallowed into her own estate when she passes. She may not give it back. The law will not help you because you signed it away.

The anxiety around divorce and property is understandable. But the solution is not to outsmart the law with a transaction that could leave you owning nothing at all. There are proper, legitimate ways to protect what you built and they start with understanding what the law already protects for you.

Have questions about your specific situation? We are here. 👇
📞 +254 726 803445
🌐 www.ngeneadvocates.com