R. S Wegesa and Company Advocates

R. S Wegesa and Company Advocates We're a middle sized law firm, we engage in general practice.

Is Kenya truly headed in the right direction?This is a question many Kenyans are increasingly asking themselves. Across ...
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.




⚖️ Why Corporate Clients Should Care About the Financial Discipline of Their Law FirmWhen choosing a law firm, most clie...
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.




HIGH COURT DECLARES PRESIDENTIAL ADVISORS ILLEGAL & UNCONSTITUTIONAL⚖️ High Court of Kenya | January 2026The High Court ...
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.

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

07/01/2026

Why Voting Matters in a Representative Democracy 🇰🇪
Voting is your constitutional right and civic duty.
Kenya practices representative democracy, meaning citizens elect leaders to represent them in making laws, managing public resources, and running government.
When you vote, you choose:
Who makes laws in Parliament,
Who implements policies in government,
Who oversees development at national and county levels.
Elected leaders exercise power on behalf of the people and within the Constitution.
Why Your Vote Is Important
✔️ It gives you a voice in governance
✔️ It promotes accountability and good leadership
✔️ It protects democracy and the rule of law
✔️ It shapes the future of your community and country
Not voting does not stop leadership—it only removes your say in who leads.
📌 Your vote is your power. Use it responsibly.
Legal awareness builds empowered citizens.

25/11/2025

CAN PRESIDENT RUTO BE FORCED TO APPEAR IN COURT?

People are asking whether President Ruto must appear in court personally just because he’s listed as a complainant.

Here’s the simple truth:

🔹 Article 143 of the Constitution protects the President from being sued or prosecuted while in office.
🔹 But it does NOT stop him from filing a case or making a complaint.
🔹 Immunity is a shield, not a disability.

Even if he is the complainant:
✔️ He can act through his lawyers or the DPP.
✔️ He cannot be compelled to appear in person if it interferes with his constitutional duties under Article 131.

Bottom line:
The President can take you to court — but you cannot force him to attend court. The Constitution already answered that question.

13/11/2025

🏠 COMMUNITY NOTICE: BUY LAND THE RIGHT WAY!

⚠️ DON’T LOSE YOUR MONEY OR LAND!

Many people have lost property because they bought land informally — without checking ownership or using a lawyer.
Avoid these costly mistakes!
❌ COMMON MISTAKES

Buying land from someone who is not the registered owner

Buying land belonging to a deceased person before succession is done

Using handwritten or local sale agreements without legal witnesses

Thinking a sale agreement is proof of ownership

Failing to check records at the Lands Office.
✅ THE RIGHT WAY TO BUY LAND

1. Do an official search at the Lands Registry

2. Confirm the title deed truly belongs to the seller

3. Use a qualified lawyer to prepare and witness the sale

4. Visit the land and ask neighbours about its history

5. Get Land Control Board consent (for agricultural land)

6. Pay through the bank – not cash

7. Register the transfer and get the title deed in your name.
🌟 WHY FOLLOW THE RIGHT PROCESS

Protects you from fraud and fake sellers

Gives you legal ownership and peace of mind

Makes your land a secure investment

Ensures your land can be passed on to your family
📢 REMEMBER:
A title deed is the only legal proof of ownership –
Not a handwritten paper or verbal promise.
🛑 BE SMART. BE SAFE. BUY LAND THE RIGHT WAY.

🏡 1. A Title Deed: Your Key to Financial FreedomOwning land is powerful — but owning it legally changes everything. 💪A t...
13/11/2025

🏡 1. A Title Deed: Your Key to Financial Freedom

Owning land is powerful — but owning it legally changes everything. 💪

A title deed is more than just a document. It’s proof of ownership, access to credit, and the foundation of lasting security.
When your land is registered, you can invest with confidence, grow your wealth, and protect your family’s future.

Let’s make secure land ownership a right for every Kenyan — not a privilege. 🇰🇪



🌾 2. Land Is Power — Secure It!

In Kenya, land is more than soil. It’s our identity, our livelihood, and our legacy. 🌍

But without a registered title, land can be lost or underused.
With a title deed, you gain security, access to loans, and the confidence to invest in your land’s future.

Every Kenyan deserves the peace of mind that comes from secure land ownership.
Let’s make it fair, simple, and transparent. 💚



🪪 3. Secure Your Land, Secure Your Future

Land title registration is not just paperwork — it’s empowerment. 🌱

A registered title deed gives you the power to build, borrow, and plan for generations to come.
It protects your land, strengthens your family, and supports Kenya’s growth. 🇰🇪

Let’s spread the word: secure land = empowered people.

11/11/2025

📢 Did you know you can own a unit in a building – like an apartment or townhouse – and share ownership of the common areas under one law?
Thanks to the Sectional Properties Act, you now have a clear legal pathway to own such units. 🇰🇪

Here’s how it works:

1. The Act applies when the land is held on freehold title, or on leasehold title where the unexpired term is at least 21 years and there is an intention to confer ownership.

2. A “unit” is defined as a space inside a building (walls, floors, ceilings) plus a proportionate share of the “common property” (e.g., staircases, lifts, gardens) as shown in a sectional plan.

3. To own such a unit:
• A sectional plan must be prepared (by a surveyor) based on an approved building plan.
• Once the plan is registered, each unit owner receives a Certificate of Title (for freehold land) or a Certificate of Lease (for leasehold land) which shows ownership of the unit PLUS the share in the common property.
• The owners form a “Corporation” under the Act, which manages the common property.

4. This means that you can buy, sell, mortgage or transfer your unit in much the same way as traditional land ownership – with added structure for communal ownership of shared spaces.

Why this matters:

More clarity and security for buyers of flats/apartments.

Helps in financing – many lenders now recognise these units as acceptable security.

Ensures proper management of shared areas and rights among owners.

Promotes efficient use of land in urban settings (multiple units on one parcel) which is key for housing and investment.

What you should check if you are interested:
✅ That the parcel of land is held freehold or leasehold with 21+ years left.
✅ That a proper building plan was approved and a sectional plan has been prepared and registered.
✅ That the certificate (title or lease) shows your unit and your share of common property.
✅ That the Corporation is registered and the by-laws (for the shared spaces) are in place.
✅ That you understand your rights and responsibilities – e.g., paying maintenance, following by-laws, sharing costs of common spaces, etc.

If you’re thinking of purchasing such a unit, it’s wise to consult a qualified property lawyer or a conveyancing specialist to guide you through the process and ensure everything is above board.

📞 If you’d like more details or help explaining how this works feel free to drop me a message. Let’s make smart, secure property ownership a reality!

Address

Moi Highway
Webuye
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Opening Hours

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Tuesday 09:00 - 17:00
Wednesday 09:00 - 17:00
Thursday 09:00 - 17:00
Friday 09:00 - 17:00
Saturday 09:00 - 12:00

Telephone

+254707666438

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