R. S Wegesa and Company Advocates

30/06/2026

30/06/2026

Celebrating my 5th year on Facebook. Thank you for your continuing support. I could never have made it without you. 🙏🤗🎉

20/05/2026

The High Court has once again stood firmly in defence of constitutionalism and the rule of law, further strengthening many Kenyans’ confidence in the Judiciary as the guardian of justice, accountability and lawful governance.
In a landmark decision, the court quashed the appointment of Aisha Jumwa as Chairperson of the Kenya Roads Board after finding that the appointment did not meet the legal requirements set out under Section 7 of the Kenya Roads Board Act.
Despite the appointment being defended by senior State officials, including the Attorney General, the judges reaffirmed a fundamental principle: public office must be occupied strictly in accordance with the law. The court noted that the position is reserved for persons drawn from specific professional bodies such as LSK, ICPAK, IEK, ISK, AAK and other institutions recognized under the Act, qualifications the appointee did not possess.
Justice Bahati Mwamuye further held that the appointment violated Articles 10, 47 and 232 of the Constitution, provisions that safeguard transparency, accountability, fair administrative action and merit-based public service.
This ruling is not merely about one individual. It is about protecting public institutions from political patronage and reaffirming that strategic State offices are not rewards for political loyalty, but positions that demand competence, integrity and compliance with the law.
The Kenya Roads Board controls critical infrastructure and oversees billions in public funds. Kenyans deserve qualified leadership in such institutions, guided by professionalism and constitutional principles.
Today’s judgment sends a clear and powerful message: Kenya is governed by the Constitution and the rule of law, not by political convenience, personal friendships or unchecked executive power.
Once again, the Judiciary has reminded the nation that no authority is above the law.

Judicial Watch Lsk South West Branch Lsk WestKenya Son Of-Nations Viv Eyase Charles Kanjama Dennis Mutaki Wanyama Mwaura Kabata Peter Wanyama Vincent Munyaga Githaiga Ochi Baba Byron Menezes Faith Odhiambo Dave Were Cliff Oduk

06/03/2026

Is Kenya truly headed in the right direction?
This is a question many Kenyans are increasingly asking themselves. Across the country, families are adjusting their lifestyles to cope with the high cost of living, businesses are struggling to stay afloat, and public hospitals continue to operate with limited resources. In the midst of these realities, news that the State House budget has reportedly doubled to about Sh17 billion raises serious concerns about the priorities guiding national spending.
Leadership carries with it a responsibility to set the standard. When citizens are being called upon to endure economic hardship and increased taxation, the government must equally demonstrate restraint, discipline, and transparency in the management of public funds. Unfortunately, many Kenyans feel that what they are witnessing is a widening gap between the sacrifices demanded from the public and the spending habits at the top levels of government.
These concerns are fueling stronger public conversations about accountability and the direction the country is taking. More citizens are now demanding leadership that respects taxpayers, manages public resources prudently, and places critical services such as healthcare, education, and economic opportunity at the forefront of national priorities.
The question about whether Kenya is on the right path therefore goes beyond politics. It touches on the principles of responsible governance, fairness, and the protection of public resources. If leadership embraces these values, the country can still move confidently toward a better future. If not, the voices calling for reform and accountability will only continue to grow louder.

03/03/2026

⚖️ Why Corporate Clients Should Care About the Financial Discipline of Their Law Firm
When choosing a law firm, most clients look at:
• Reputation
• Courtroom strength
• Technical knowledge
• Size of the firm
But there is something even more important — and rarely discussed:
Financial stability.
A law firm that manages its finances with discipline is more likely to offer:
✔️ Long-term continuity of service
✔️ Stable legal teams (low staff turnover)
✔️ Strategic thinking instead of desperation-driven litigation
✔️ Transparent and predictable billing
✔️ Calm, objective advice — even in high-stakes disputes
Firms under financial pressure are more likely to: • Push unnecessary litigation
• Inflate urgency
• Overpromise outcomes
• Prioritize fees over strategy
Strong financial discipline allows a firm to focus on what truly matters:
Protecting your business.
Managing your risk.
Securing sustainable outcomes.
At our firm, we believe legal strategy must be guided by prudence, foresight, and stability — not short-term gain.
Because corporate clients do not need noise.
They need clarity, structure, and consistency.
And those qualities begin internally.
Serious businesses deserve serious, stable legal partners.

23/01/2026

HIGH COURT DECLARES PRESIDENTIAL ADVISORS ILLEGAL & UNCONSTITUTIONAL
⚖️ High Court of Kenya | January 2026
The High Court has delivered a landmark judgment declaring the offices and appointments of Presidential Advisors unconstitutional and illegal.
🔍 What was the case about?
A constitutional petition challenged the manner in which the President created and appointed several advisors within the Executive Office of the President, arguing that the process violated the Constitution and public service laws.
🧑‍⚖️ Key Findings by the Court
The Court held that:
▪️ The offices of Presidential Advisors were unlawfully created
▪️ Appointments were null and void ab initio (invalid from the start)
▪️ The process bypassed the Public Service Commission (PSC) contrary to Article 132(4)(a) of the Constitution
▪️ There was no involvement of the Salaries and Remuneration Commission (SRC) despite clear financial implications
▪️ No public participation, transparency, or competitive recruitment was undertaken
👉 In short: Public offices cannot be created or filled at will, even by the President.
🛑 Orders Issued
✅ All appointments of Presidential Advisors were quashed
✅ No salaries, allowances, or benefits to be paid to them
✅ PSC ordered to audit all offices created in the Executive Office of the President since August 2022 and abolish any found to be unlawful
📖 Why this judgment matters
🔹 Reinforces the rule of law and constitutionalism
🔹 Confirms that executive power is subject to legal limits
🔹 Protects taxpayers from illegal public expenditure
🔹 Strengthens the role of PSC and SRC in public governance
📣 Big lesson:
No public office exists outside the Constitution. Power must follow the law.
⚖️ A strong win for accountability, legality, and constitutional governance in Kenya.
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Follow the page for simplified legal insights, court updates, and constitutional commentary.

08/01/2026

FREQUENTLY ASKED QUESTIONS (FAQs)
THE LAW OF SUCCESSION IN KENYA
By R.S. Wegesa & Co. Advocates
1. What is the law of succession?
The law of succession governs how a deceased person’s property, land, money, and other assets are distributed after death. In Kenya, succession matters are regulated by the Law of Succession Act (Cap 160) and guided by the Constitution of Kenya, 2010.
At R.S. Wegesa & Co. Advocates, we assist families to navigate this process lawfully and peacefully.
2. Why is succession important?
Succession is important because it:
Protects widows, children, and dependants
Prevents family disputes and land conflicts
Ensures property is transferred legally and fairly
Safeguards estate property from unlawful sale or interference
3. What happens when someone dies without a will?
Where a person dies without a will (intestate):
The law determines who inherits the estate
The court appoints administrators
Family members cannot share or sell property without a court-issued grant
4. What happens when someone dies with a will?
Where a person dies with a valid will (testate):
The wishes of the deceased guide distribution
The court issues a Grant of Probate
The persons named in the will act as executors
5. What is a will?
A will is a legal document in which a person states:
How their property should be distributed after death
Who should manage their estate
How dependants should be provided for
6. Is making a will inviting death?
No. Making a will does not cause death. It is a wise and responsible decision that protects family members and preserves peace.
7. Who can make a will in Kenya?
Any person who:
Is 18 years and above
Is of sound mind
Makes the will freely and voluntarily
8. Can women inherit property in Kenya?
Yes. The law is clear:
Widows and daughters have equal inheritance rights
Discriminatory customs are unconstitutional and unenforceable
9. Does customary law apply in succession matters?
Customary law may be considered, but it cannot override:
The Constitution
The Law of Succession Act
Any custom that discriminates or causes injustice will not be upheld by courts.
EXECUTORS AND ADMINISTRATORS: CLARIFYING THEIR ROLES
10. Who is an executor?
An executor is a person named in a will to carry out the wishes of the deceased.
Functions of an Executor:
An executor is responsible for:
Applying for a Grant of Probate
Collecting and safeguarding estate property
Paying debts, taxes, and liabilities
Distributing the estate as per the will
Rendering accounts to beneficiaries and the court
Executors act under court supervision and must act honestly and in good faith.
11. Who is an administrator?
An administrator is a person appointed by the court where:
There is no will, or
A will exists but no executor is named or willing to act
Functions of an Administrator:
An administrator is responsible for:
Applying for Letters of Administration
Preserving estate assets
Identifying all lawful beneficiaries
Paying debts and liabilities
Distributing the estate according to the law
Accounting to the court
12. What is the difference between an executor and an administrator?
Executor
Administrator
Appointed in a will
Appointed by the court
Applies for Grant of Probate
Applies for Letters of Administration
Distributes estate as per the will
Distributes estate as per the law
Exists only where there is a will
Exists where there is no will
13. Can executors or administrators sell estate property?
No, not without authority. They:
Cannot sell estate property before confirmation of grant
Require court approval to sell any estate asset
Must act in the interest of all beneficiaries
Unauthorized sale of estate property is illegal.
14. What happens if an executor or administrator mismanages the estate?
The court may:
Order them to render accounts
Remove them from office
Order refund or compensation
Institute criminal proceedings in serious cases
15. How long does a succession matter take?
Generally:
Grant issuance: 3–6 months
Confirmation of grant: after 6 months
Distribution follows confirmation
Delays usually arise from disputes or incomplete documentation.
16. Why should families seek legal assistance?
Proper legal guidance helps:
Prevent costly mistakes
Protect vulnerable family members
Resolve disputes amicably
Ensure compliance with succession law