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Family Law

The Thorny Issue of 'Illegal' Dependants

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More often than not, whenever a married man dies, and leaves an estate of property behind, only the known family members of the man are catered for in wills. In a case where the man died intestate, the known family members will only consider themselves in distribution of the deceased estate. There are instances where the deceased leaves other dependants, who are not his immediate family, that is, he could have had an affair with another ...

Legal guardianship of Children

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Many a time children find themselves without parents. This is common during natural calamities, accidents, clashes and other uncalled for disasters. Such children end up in the hands of relatives, friends, neighbours and even strangers. At times we find ourselves keeping these children in our homes for very long until they become like our own biological children. However this kind of arrangement has its limits. For example a person wh...

Nationality of Abandoned children under eight

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ABANDONED: Some of the children presented to the Children’s Court by Nairobi Children Rescue Center for possible identification recently.Photo/Monicah Mwangi

According to Article 14 (4) of The Constitution, a child found in Kenya who is, or appears to be, less than eight years of age, and whose nationality and parents are not known, is presumed to be a citizen by birth. Article 7 (1) of The Convention on The Rights of The Child, the child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and as far as possible, the right to...

Citizenship by marriage

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In many countries, marriage can confer citizenship to the foreign spouse who gets married to a citizen of that country. Under our old Constitution it was impossible for Kenyan women to confer citizenship to their foreign husbands. There was a lot of disquiet around the inequality. The fact that the provisions of personal law did not apply when dealing with issues of inequality under the repealed Constitution did not make life easy ...

Do you know the minimum marriage age in Kenya?

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Marriageable age (or marriage age) is the age at which a person is allowed to marry, either as of right or subject to parental or other forms of consent. The age and other requirements vary between countries, but generally it is set at 18, although most jurisdictions allow marriage at slightly younger ages with parental and/or judicial approval, or in case of pregnancy - Wikipedia.Under Article 45 (2) of the Kenyan Constitution, every adult ha...
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