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.

23/05/2026

In Ochiel v Okoth (Small Claims Appeal E002 of 2025) [2026] KEHC 106 (KLR) (19 January 2026) (Judgment), the High Court upheld a Small Claims Court judgment of KSh 145,000 arising out of what was effectively an oral commercial agreement, not a written one, where the key terms and performance were proven through phone calls, M-Pesa payment records, SMS and WhatsApp exchanges rather than a formal contract. The court confirmed that such communications and conduct, including partial repayments and correspondence, can demonstrate offer, acceptance, consideration and a meeting of the minds, making an oral contract enforceable, so long as the subject matter isn’t one that the law (like land) requires to be in writing.


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21/05/2026

On notice for hearing in disciplinary proceedings against an employer, the Court of Appeal in Postal Corporation of Kenya v Andrew K. Tanui [2019] eKLR held that an employer must give an employee sufficient and detailed notification of the charges and adequate time to respond and prepare for hearing, failing which the disciplinary process becomes fatally defective.


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15/05/2026

On consensual romantic relationships at workplaces, in MNM v G4S Kenya Limited [2024] KEELRC 2248 (KLR), the Employment and Labour Relations Court (ELRC), held that it is not the employer's role to manage the "affairs of the heart"!

Employers cannot police or interfere with consensual romantic relationships between employees, as doing so violates their constitutional rights to privacy and dignity. While companies can have codes of conduct, they cannot adopt blanket bans on staff.

You can access and read the entire authority at https://lnkd.in/dJxQvuec



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15/05/2026

"Marriage is an institution that has traditional, religious, economic, social and cultural meaning for many Kenyans. However, it is becoming increasingly common for two consenting adults to live together for long durations where these two adults have neither the desire, wish nor intention to be within the confines of matrimony. This Court recognizes that there exist relationships where couples cohabit with no intention whatsoever of contracting a marriage. In such contexts, such couples may choose to have an interdependent relationship outside marriage. While some may find this amoral or incredible, it is a reality of the times we live in today.”

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.

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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.

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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:
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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.

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