Akinyi Juma & Company Advocates

30/11/2022

24/11/2021

Legal tip of the day on Classification of land in Kenya is that public Land should vest in and be held by the county government in trust for the people who live in that county. The National Land Commission administers and manages public land on behalf of Kenyans.

Community land is land held by communities based on their culture, ethnicity and a similar community interest.

Private land is land that is held by legal or natural persons.

24/11/2021

Freehold interest is the best interest that a person can have. It gives a person absolute ownership of land forever. This means that the descendants of that person can inherit the land for as long as that person’s family lineage exits.

Under a leasehold interest, a person can have ownership of the land only for the period allowed in the lease. A person has to renew the leasehold interest at the expiry of the lease in order to retain ownership of their land.

28/10/2021

Legal tip of the day is about a court order.

11/10/2021

What happens when you get arrested. The criminal process under Kenyan law is as follows:
1. Arrest.
Once you are arrested, you will be taken to the police station. At the police station, your details are noted down including your finger prints. You are then booked into the occurrence book after which you may be put into a cell at the police station.
2. Bond/Bail.
(Article 49 of the 2010 Constitution and Section 123 of the Criminal Procedure Code provides that an accused person has the right to bail or bond) At the police station, the OCS may give you a bail or bond after which you will be released.
3. Plea taking.
- This happens in court. In court, Charges are read to you by the prosecution and you are asked whether you plead guilty or not guilty. If you plead guilty, the facts are read out to you and if you still maintain your plea of guilty the court will proceed to sentence you.
- If you plead not guilty, the magistrate will record your plea of not guilty and the case will be set down for hearing. The court will then give bail after plea.
4. Trial.
- The prosecution will provide copies of all documentary evidence that they intend to rely on against you including the Charge Sheet. This enables you to prepare for your case. At the hearing, the prosecution will present their evidence against you and call all their witnesses. When each prosecution witness is giving their testimony in court, you have the right to cross examine each of them.
- After the last prosecution witness (usually the investigating officer) has testified, the court will make a decision as to whether you have a case to answer or not.
- If the court decides that you do not have a case to answer, it will acquit you of all the charges.
- If the court decides that you have a case to answer, it will give you the chance to call any witnesses that you have. Once you have presented your case, the court will make a decision as to whether you are guilty or not guilty.
- If the court finds that you are not guilty, you will be acquitted of all charges.
- Mitigation address. If the court finds you guilty, the court will set another date for a mitigation address. At the mitigation address you will try to persuade the court on why you should be given a lesser sentence.
5. Sentence.
This happens after mitigation. The court will give you the punishment provided for under the law for the offence which you have been found guilty of.

07/10/2021

Dear Client, thank you for placing your confidence in us. We appreciate you.

05/10/2021

It is important to note that terms bail and bond often used in a criminal court are not the same thing.

04/10/2021

Did you know that trusts are not just a preserve of the rich and NGOs or foundations. Ordinary people can also have trusts. It is a good way of owning property. They are particularly relevant if you want to secure the future of your children by leaving a legacy for them. With trusts, there is a guarantee that they will benefit from what you leave for them as opposed to an insurance policy.

01/10/2021

Legal tip of the day is on Affidavits. What are they? An affidavit is a sworn statement in writing. The person swearing the affidavit is referred to as an affiant. The affiant swears that the information contained in the affidavit is correct and true. For this reason therefore, it is important to thoroughly read the contents of your affidavit before signing it.