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31/03/2021

VEGETERIAN??? WITH BLOOD ON YOUR HANDS?

The r**e statistics in Kenya is a clear indication of how we are revolving on the common tale of the greedy hyena. Men have slowly become hyena predators on the female prey. We live in a country where women are always blamed for being victims of assault & men are socialized to be sexually adventurous and aggressive as a way to prove their masculinity.
Its time people's attitudes towards sexual violence be given a major refresh.

24/03/2021

THE DOCTRINE OF PRESUMPTION OF MARRIAGE.

In Re Estate of Tom Otieno Ngoe (Deceased) 2020.

*Presumption of marriage is a concept that arises from an appreciation of the needs of the realities of life when a man and a woman cohabit for a long period without solemnizing that union, then a presumption of marriage arises.

*Living together, naming children and others are amongst the symbols of marriage. ..if a man and woman order their lives together, cohabit together, and appear as married to the public, the society conceives that situation as a married state. It is a presumption of marriage.

23/03/2021

In Re Estate of Peter Kioma Gitonga (2020)eKLR

* Kikuyu Customary Law is inapplicable when it comes to inheritance as it is unconstitutional for being discriminatory against women.

*The daughters of a deceased person irrespective of their marital status are beneficiaries and are entitled to benefit from the estate.
deceased’s estate.

For more info write to us vide [email protected]

05/03/2021

Emma Muthoni vs Nairobi Women's Hospital.

*A patient has no obligation to pay a hospital for the period (s)he is detained for failing to foot a medical bill.

*Such actions militate against the provisions of the Constitution of Kenya, 2010.

05/03/2021

ADVERSE POSSESSION.

*Anne kitumbi vs James Muriuki. (2013) eKLR

*Adverse possession is a method of gaining legal title to real property by the actual, open, hostile, and continuous possession of it to the exclusion of its true owner.

*The period at the expiry of which the right of adverse possession accrues is twelve (12) years as per the provisions of section 7 of the Limitation of Actions Act.

For more info please write to us vide [email protected]

04/03/2021

DAUGHTERS TOO CAN INHERIT PROPERTY.

For decades, women have not been getting the inheritance of their fathers’ property based on arguments that they get married thus depend on their husband's property.

The above position is however contrary to the holding of the Court in RONO VS RONO where it was observed that marriage should never be a determinant for locking daughters when it comes to inheritance of property.

According to law daughters to a deceased are dependents as stipulated in the Law of Succession Act section 29 that defines a dependant as 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.

Further, Article 60 (f) of the Constitution of Kenya 2010 provides for the elimination of gender discrimination in respect of land.
Daughters, therefore, have equal rights with the sons with regard to inheriting their fathers’ property and in case of disputes about the same, one can seek redress in a court of law.

The reality of the law as it is now is that the cultural tradition of locking out daughters from inheriting their parents’ property is outlawed.

for more info please write to us via [email protected]

12/12/2020

Kenya petroleum oil workers union v/s Total Kenya Limited•

A certificate of service Is a statutory entitlement and an employer has the duty to issue an employee with one•

11/12/2020

COMMITTAL TO CIVIL JAIL GOES AGAINST CIVIL & HUMAN RIGHTS.

*In Re Matter of Zipporah Wambui Mathara (2010)

> There are several methods of enforcing a civil debt such as attachment of property. An order of committal to civil jail is meant to punish, humiliate and subject the debtor to shame and indignity due to failure to pay a civil debt. This is against the International Covenant on Civil and Political Rights guarantees individuals basic freedoms of movement and of pursuing economic social and cultural development.

10/12/2020

ADOPTED CHILDREN ARE ENTITLED TO BIRTH CERTIFICATES.

*Organization for National Empowerment V/s Principal registrar of births and Deaths and 2 others.

As a matter of law, every child has the right to a name and nationality from birth and a child's best interests are of paramount importance in every matter concerning the child. Denial of a birth certificate to adopted children has no meaning at all and any legislation that purports to do so is contrary to article 27 of the Constitution.

12/12/2018

There is a high prevalence of sexual violence in kenya which is one of the manifestations of gender based violence and takes many forms including r**e , sexual assault, defilement,incest and many others.This type of of violence is a reflection of gender inequality in a society where men exercise power over women and girls.

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