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 ...
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...
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...
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 The fact that the provisions of personal law did not apply when dealing with issues of inequality under the repealed Constitution did not make life easy ...
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...
John Chigiti is a lawyer. He is a law graduate from Pune University (India) ,a Commissioner for oaths and a notary public with twelve years standing in private practice. He is a senior partner in the firm of Chigiti and Chigiti Advocates in Nairobi whose key area of practice is Human rights and public interest litigation and family law. He was admitted to the list of Counsel at the International Criminal Court-ICC in the year 2010.He is a Faculty member of Justice Advocacy Africa -JAA and an AGM Board Member of Kituo Cha Sheria. He has for the last four years been a Committee member of the Human Rights committee as well as the Public Interest Litigation and legal Aid Committee with the Law Society of Kenya (LSK). VOLUNTEER ADVOCATE WITH Kituo Cha Sheria,The federation of women lawyers Kenya (FIDA). The children’s rights advisory documentation and legal centre (The Cradle).Kituo cha Sheria. International Commission for Jurists (ICJ).The Legal Resources Foundation (LRF). Coalition on Violence against Women – Kenya (COVAW),The Nairobi Pilot Project Committee Ministry of Justice and National Coalition and Cohesion Affairs(MOJNCCA).